Luke Flanagan (Roscommon-South Leitrim, Independent)
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413. To ask the Minister for Social Protection further to the 2010 report on Legal Aspects of Family Relationships recognising and recommending that the problem of presumption of paternity be addressed in legislation to allow the mother to make a declaration that their husband is not the father and that this would allow them to register the child, her plans to bring forward legislative provisions in relation to this issue; and if she will make a statement on the matter. [46456/13]

Derek Nolan (Galway West, Labour)
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415. To ask the Minister for Social Protection the options open to a parent who cannot sign the birth certificate of their child because their partner is not legally separated from their former spouse [47012/13]

Joan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 413 and 415 together.

Under section 46 of the Status of Children Act 1987, there is a presumption that the spouse is the father of a child. Section 22 of the Civil Registration Act, 2004 requires that, in order to support a declaration that the spouse is not the father of the child, it is required to have separation, divorce or nullity papers, a rebuttal from the spouse that he is not the father, or a court order that names a man other than the spouse as the father. In the case where the spouse is not contactable and in the absence of legal documentation a situation arises where the birth cannot be registered unless the spouse is registered as the father of the child.

The Department is examining ways to address this situation and is currently working with the Office of the Parliamentary Counsel to the Government and the Department of Justice and Equality in relation to this issue.

Any proposed changes to the Civil Registration Act, 2004 will be contained in the Civil Registration (Amendment) Bill which I hope to publish early next year.