Civil Registration Act 2004
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Registration of father where parents not married. |
22.—(1) The father of a child who was not married to the mother of the child at the date of his or her birth or at any time during the period of 10 months before such birth shall not be required to give information under this Act about the birth. | |
(2) Subject to subsection (3), any registrar shall enter in the register the name of a person (“the person”) as the father of a child to whom subsection (1) applies— | ||
(a) if the mother of the child (“the mother”) and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or | ||
(b) if the mother so requests the registrar in writing and gives to him or her— | ||
(i) a declaration in writing of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and | ||
(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, | ||
or | ||
(c) if the person so requests the registrar in writing and gives to him or her— | ||
(i) a declaration in writing of the person, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is the father of the child, and | ||
(ii) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that the person is the father of the child, | ||
or | ||
(d) if the mother or the person so requests the registrar in writing and produces to him or her a document purporting to be a copy of an order made by a court in proceedings referred to in section 45 of the Status of Children Act 1987 and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child. | ||
(3) Where, in a case in which the mother of a child to whom sub-section (1) applies (“the mother”) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, a person would, but for this subsection, fall to be registered under subsection (2) pursuant to a request under paragraph (a), (b) or (c) of that subsection, as the father of the child, the person shall not be so registered unless there is produced to a registrar— | ||
(a) a statutory declaration of the person or each person to whom the mother was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child, or | ||
(b) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity or a deed of separation. | ||
(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar shall notify the other person of the request. | ||
(5) When a birth is being registered under this section, the register shall be signed by— | ||
(a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2), and | ||
(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (2). | ||
(6) This section applies, with any necessary modifications, to stillbirths as it applies to births. |