Róisín Shortall (Dublin North West, Labour)
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Question 213: To ask the Minister for Health and Children when a person (details supplied) in Dublin 9 will be issued a birth certificate for their child; and if she will make a statement on the matter. [17839/07]

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

Section 46 of the Status of Children Act 1987 governs presumptions of paternity and non-paternity. Subsection (1) of Section 46 provides that where a woman gives birth during a subsisting marriage, or within a period of ten months after the termination of the marriage, her husband is presumed to be the father of the child. Subsection (2) of Section 46 provides that where a married woman who is living apart from her husband under a decree of divorce or a deed of separation gives birth more than ten months after the decree was granted or deed executed, her husband shall be presumed not to be the father of the child unless the contrary is proven on the balance of probabilities.

Section 19 of the Civil Registration Act 2004 provides that when a child is born in the State, it is the duty of the parents or, if the parents are dead or incapable through ill health, another qualified informant to attend before any registrar, to give to the registrar the required particulars to register the birth, and to sign the register in the presence of the registrar.

Section 22 of the Civil Registration Act 2004 provides for registration of the father's details where the parents are not married to each other. Section 22(1) states that the father of a child who was not married to the mother at the time of the birth or during the period of ten months before the birth shall not be required to give information about the birth. The remainder of this provision provides for the registration of the father's details, including circumstances where the mother was married to a person other than the father. The effect of this provision is that where the parents are not married to each other, the father's details may be omitted from the registration of the birth. If the parents, or one of them, want the father's details recorded, Section 22 sets out the procedures to be followed, including the requirement for a rebuttal of paternity where the mother is married to someone who is not the father of the child.

It is understood that the person in question is in a subsisting marriage, but asserts that her husband is not the father of the child. It is also understood that the person does not propose to enter the father's details in the birth registration. As the person is in a subsisting marriage, the presumption of the paternity of her husband, as provided for under Section 46 of the Status of Children Act 1987, applies. In order for the birth to be registered to exclude her husband's details, it will be necessary to obtain a rebuttal in writing from the husband stating he is not the father of the child. When this rebuttal is to hand, the birth can be registered without delay.