Seanad debates

Wednesday, 18 February 2004

Civil Registration Bill 2003: Committee Stage.

 

1:00 pm

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)

Not from the United States. What we are looking at is an issue which is well beyond the realms of this legislation, although there is obviously an issue there. All we can do is draw to the attention of the Ard Chláraitheoir that there is an issue, especially on the basis that the child has a birth certificate and the legalities of where that child stands, and more particularly where the woman stands with regard to her guardianship of that child and whether she can legally take up the guardianship order. That is an issue on which I am not competent to advise. I am sure that is an avenue available to people to take out guardianship but I am not legally qualified to give an opinion on that issue.

On the basis of the legislation, the child has a birth certificate. It is a legal birth certificate and whatever information is on that birth certificate would be legally held and acceptable to the Ard Chláraitheoir. The issues raised would need more than five minutes reflection on the floor of the House. Certainly it is an issue we may have to look at in the future. On the basis of this legislation, as it stands, it is more like the Guardianship Act or succession legislation which is outside the parameters of this legislation and is, perhaps, an issue for the Department of Justice, Equality and Law Reform.

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