S.I. No. 123/1988 - Registration of Births Regulations, 1988.

S.I. No. 123 of 1988.

REGISTRATION OF BIRTHS REGULATIONS, 1988.

The Minister for Health in exercise of the powers conferred on him by section 11 of the Births and Deaths Registration Act (Ireland) 1863, and section 34 of the Births and Deaths Registration Act (Ireland) 1880, as adapted by section 11 of the Adaptation of Enactments Act, 1922 , (No. 2 of 1922) hereby makes the following Regulations:—

1. These Regulations may be cited as the Registration of Births Regulations, 1988.

2. These Regulations shall come into operation on the 14th day of June 1988.

3. In these Regulations "the Act of 1880" means the Births and Deaths Registration Act (Ireland), 1880.

4. For the purposes of section 7(2)(b) and of section 7A(1)(b) of the Act of 1880, as substituted by section 49 of the Status of Children Act, 1987 (No. 26 of 1987) the declaration by a mother that a person named therein is the father of her child named therein shall be in the form set out in part I of the Schedule to these Regulations or, where a registration is being effected under the provisions of section 5 of the Act of 1880, in the form set out as Form A of the Third Schedule to that Act.

5. For the purposes of section 7(2)(c) and of section 7A(1)(c) of the Act of 1880, as substituted by section 49 of the Status of Children Act, 1987 the declaration by a person acknowledging himself to be the father of the child named therein shall be in the form set out in part II of the Schedule to these Regulations or, where a registration is being effected under the provisions of section 5 of the Act of 1880, in the form set out as Form A of the Third Schedule to that Act.

6. Where re-registration of a birth, under section 7A of the Act of 1880, as so substituted, is authorised by an tArd-Chlaraitheoir, the person or persons at whose request the re-registration is being effected, shall subject as herein after provided, attend personally at the Office of the registrar of births and deaths of the district in which the birth took place and sign the register in the presence of the registrar.

7. (1) The registrar of the district in which a birth took place, on receiving the written authority of an tArd-Chláraitheoir to re-register the birth under section 7A of the Act of 1880, as so substituted, shall, in the presence of the person or persons at whose request the re-registration is being effected, enter the birth in the birth register in the manner and form set out in these regulations and the person or persons at whose request the birth is being re-registered shall sign the register in column 8 of the entry in the presence of the registrar.

(2) The registrar shall enter in columns 2 to 7 of the birth register the particulars stated in the written authority of an tArd-Chláraitheoir as particulars to be entered in these columns on the information given to an tArd-Chláraitheoir.

(3) The registrar shall insert in column 8 after the signature of the person or persons at whose request the re-registration is being effected the qualification and address of each of such persons.

(4) The registrar shall enter in column 9 of the birth register the date on which the entry is made (the day and month being written in words) followed by the words "on the Authority of an tArd-Chláraitheoir".

(5) The registrar shall sign the birth register in column 10 of the entry and shall append to his signature his official description.

8. (1) The registrar on making the entry in the register shall forthwith make and send to an tArd-Chláraitheoir a certified copy of such entry and shall on delivering to the superintendent registrar his quarterly return of the entries of births registered by him for transmission to an tArd-Chláraitheoir, deliver, with such quarterly return to the superintendent registrar, all written authorities received from an tArd-Chláraitheoir with reference to any re-registered entries in such quarterly return; and the superintendent registrar shall retain such authorities with the other papers of his office.

(2) where the register in which a birth was previously registered is in the custody of a superintendent registrar the registrar effecting a re-registration shall forthwith notify particulars of the re-registration to the superintendent registrar.

(3) The superintendent registrar or registrar having the custody of the register in which the birth was previously entered shall cause the previous entry of the birth to be marked in the margin with the words "Re-registered (S. 7A. 1880)" and add the date of the re-registration; and shall forthwith make a certified copy of such previous entry, including a copy of the marginal note, and deliver such copy to an tArd-Chláraitheoir.

(4) Such marginal note shall be deemed to be part of such entry; and a certified copy of such entry, whether given under the Seal of the General Register Office or otherwise under the provisions of the Births and Deaths Registration Acts, 1863 to 1987 shall include such marginal note.

9. Where application is made for a certified copy of entry of the birth of a person whose birth has been re-registered, the registrar or superintendent registrar, as the case may be, shall supply a certified copy of the entry of re-registration, and no certified copy of the previous entry shall be given except under the direction of an tArd-Chláraitheoir.

SCHEDULE

PART 1

To the Registrar of Births

I ............................................................ ............................................................ ..........................

of ............................................................ ............................................................ .........................

being the mother of ............................................................ ...............................................of the

................... sex born on the ........................... day of............................................................ ....

19............ at ............................................................ ............................................................ ........

do hereby state that ............................................................ .......................................................of............................................................ ............................................................ .............................

............................................................ ............................................................ .............................

............................................................ ......................................... having the rank or profession of ............................................................ ............................................... is the father of the said child.

PART II

To the Registrar of Births

I ............................................................ ............................................................ .......................

of ............................................................ ............................................................ ....................

having the rank or profession of ............................................................ .................................

do hereby acknowledge that I am the father of ............................................................ ...........

of the ................................................. sex born to ............................................................ .......

of............................................................ ............................................................ .......................

on the ........................................... day of ............................................................ ....................

19................ at ............................................................ ............................................................ 

............................................................ ............................................................ ...........................

GIVEN under the Official Seal of the Minister for Health this 14th day of June, 1988.

RORY O'HANLON,

Minister for Health.

EXPLANATORY NOTE

The Status of Children Act, 1987 provides for new procedures for the entry of paternity details in the register of births for children whose parents have not married each other.

These regulations prescribe the form of certain declarations to be made by the parents of such children when registering the birth. They also provide for the manner of re-registering a birth where paternity details were omitted at the original registration.