John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 96: To ask the Tánaiste and Minister for Health and Children if an appeal against a decision by the registrar general, civil registration service in the name of a person (details supplied) in County Carlow regarding the registration of their son will be reviewed and a decision issued based on the documents submitted by the person; and if she will make a statement on the matter. [22072/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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An tArd Chláraitheoir (Registrar General) is the person with statutory responsibility for the administration of the civil registration service. I have made enquiries with an tArd Chláraitheoir and the position is as set out as follows.

The Civil Registration Act, 2004, includes provision for the registration of births. Part 1 of the First Schedule to this act specifies the "required particulars" to be registered in respect of a live birth and there is therefore a legal requirement that each of these particulars, where known, be captured during the registration process. The required particulars to be registered are set out in the following Table.

Arising from this legal requirement, there is a duty on the parent(s), or any other person regarded as a qualified informant, to give these particulars to the registrar so that the registration of the birth can be effected.

In relation to the case referred to by the Deputy (details supplied), I understand that the mother objects to one of the required particulars, namely, a former surname which she had used, being entered in the register of births. An tArd Chláraitheoir has conducted a detailed examination of all relevant documentation, including the birth registrations of all children born to the woman in question. As two birth registrations contain the former surname in question, an tArd Chláraitheoir informs me that he is unable to reach any conclusion other than that the former surname was used by the person and is therefore required under law to be registered in the registrations of any subsequent births.

Section 60 of the Civil Registration Act 2004 provides for an appeals procedure. Section 60(1) provides that where a registrar fails or refuses to register a birth or to enter in the register one or more of the particulars required to be registered, as provided for in Part 1 of the First Schedule, this may be appealed. However, as there is no failure or refusal by a registrar to register the birth or any of the required particulars, it would appear that the case in question does not come within the scope of the appeals provisions. The person in question may wish to seek legal advice in relation to this.

Particulars to be entered in the Register of Births

Date and place of birth

Time of birth

Sex of child

Forename(s) and surname of child

Personal public service number of child

Forename(s), surname, birth surname, address and occupation of mother

Former surname(s) (if any) of mother

Date of birth of mother

Marital status of mother

Personal public service number of mother

Birth surname of mother's mother

Forename(s), surname, birth surname, address and occupation of father

Former surname(s) (if any) of father

Date of birth of father

Marital status of father

Personal public service number of father

Birth surname of father's mother

Forename(s), surname, qualification, address and signature of informant

Date of registration

Signature of registrar