Oireachtas Joint and Select Committees

Wednesday, 5 November 2014

Committee on Education and Social Protection: Select Sub-Committee on Social Protection

Civil Registration (Amendment) Bill 2014: Committee Stage

1:00 pm

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour) | Oireachtas source

I am delighted Deputy O'Dea corrected the record. There have been occasions when I have also got names and facts a little mixed up.
The position with regard to the matter in question is that we have taken the advice of the Attorney General, who has stated that there is no need for an amendment. We have since contacted the family's solicitor and contacted the relevant Department. The advice of the Attorney General indicates that where a baby dies in uteroas a result of the death of its mother and where it meets either the required weight or gestational age criteria, it comes within the current definition of "stillborn child" contained in section 2(1) of the Civil Registration Act 2004.

The current definition of the stillborn child allows that where an unborn baby dies in the womb of a mother, due to the death of the mother, a stillbirth may be registered in accordance with section 28 of the 2004 Act. I hope this will give some comfort to families bereaved in such circumstances. The clarification we have received from the Attorney General is that it can be registered. There is a case before the court, so I am acting on the advice of the Attorney General.

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