S.I. No. 771/2005 - Civil Registration (Short Birth Certificate) Regulations, 2005

I, Mary Harney, Minister for Health and Children, in exercise of the powers conferred on me by section 6 of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 (No. 8 of 1952), by section 22 of the Adoption Act 1952 (No. 25 of 1952), by section 3 of the Civil Registration Act 2004 (No. 3 of 2004), by 61 of the Civil Registration Act 2004 (No. 3 of 2004) (as amended by section 75 of the Health Act 2004 (No. 42 of 2004)), and by section 67 of the Civil Registration Act 2004 (No. 3 of 2004), with the consent of the Minister for Finance, hereby make the following regulations:-

1.   These Regulations may be cited as the Civil Registration (Short Birth Certificate Regulations 2005.

2.   These Regulations shall come into operation on 5^th December 2005.

3.   The Short Birth Certificate Regulations 1953 ( S.I. No. 215 of 1953 ) are revoked.

4.   In these Regulations “short birth certificate” means, as respects an entry in a register of births or in the Adopted Children Register a certificate of the items set out in Part I of the Schedule to these Regulations endorsed in the manner set out in Part II, Part III or Part IV of the said Schedule.

5.   An tArd-Chláraitheoir, a Superintendent Registrar, or a Registrar shall issue a short birth certificate to any applicant on payment of a fee of €8 for each certificate, together with appropriate search fee payable under the Civil Registration (Births and Deaths) (Fees Regulations 2005.

6.   Where an application for a short birth certificate relates to an entry in a register of births the application shall contain as many as possible of the following particulars: -

(a)       the forename and surname

(b)       the date and place of birth

(c)       the forename and surname of the father

(d)       the forename, surname and previous surname of the mother.

7.   Where an application for a short birth certificate relates to an entry in the Adopted Children Register, the application shall contain as many as possible of the following particulars: -

(a)       the forename

(b)       the date and country of birth

(c)       the name, address and occupation of the adopter or adopters

(d)       the date of the adoption order.

8.   The fact that any of the information specified in Regulation 6 or Regulation 7 of these Regulations is not furnished shall not be a valid reason for an tArd-Chláraitheoir, a Superintendent Registrar or a Registrar to refuse to issue a short birth certificate if he is satisfied that the appropriate entry can be identified.

9.   (1) An tArd-Chláraitheoir, a Superintendent Registrar or a Registrar, in compiling a short birth certificate which relates to an entry in a register of births, shall record under “surname”:-

(a)  as it appears in the register entry, or

(b)  if it appears from the entry in the register that the parents of the child were married to each other, the surname of the father, or

(c)  if it appears from the entry in the register that the parents of the child were not married to each other, the surname of the mother, or if the birth was registered on the joint information of the parents, such surname being the surname of either parent given in the entry, as the applicant may request, or

(d)  if the surname of the parent does not appear in the entry in the register and the surname of the child does, the surname of the child as given in the entry.

(2)  An tArd-Chláraitheoir, in compiling a short birth certificate which relates to an entry in the Adopted Children Register, shall record under “surname”:-

(a)  as it appears in the register entry, or

(b)  the surname of the adopter or adopters as given in the entry.

Schedule to this Regulation

PART I.

BIRTH CERTIFICATE BIRTHS AND DEATHS REGISTRATION ACTS 1952 to 2005

Name and Surname _____________________________________

Sex _________________________________________________

Date of Birth Day _________ Month _____________Year ________

Registration Area_________________________________ ___________

In the County of _________________________, Ireland.

Number of Entry or Group Registration ID ______ ______

PART II.

Certified to have been compiled from records in the custody of an tArd-Chláraitheoir.

GIVEN under the Seal of Oifig an Ard-Chláraitheora

Date __________

PART III.

I hereby certify that the foregoing particulars have been compiled from a Register of Births in my custody.

PART IV.

I hereby certify that the foregoing particulars have been compiled from a Register of Births in my custody.

The Minister for Finance consents to the making of these Regulations.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the issue of short certificates of births.