Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 94: To ask the Minister for Health and Children if she proposes to examine the laws governing the recognition of marriages by Irish citizens in jurisdictions outside the European Union; and if she will make a statement on the matter. [27331/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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An tÁrd Chláraitheoir (Registrar General) is the person with statutory responsibility for the administration of the Civil Registration System. I have made enquiries of the Registrar General and the position is as set out as follows.

As a general rule, marriages are legally recognised in Ireland if they are celebrated in accordance with the applicable laws relating to marriage of the country in which they are solemnised.

For a couple to contract a valid marriage, they must possess the capacity to marry and the necessary legal formalities must be observed. Capacity to marry is determined by the laws applicable in the jurisdiction in which each party is domiciled. The formalities are those required by the lex locus celebrations (i.e. the laws of the place where the marriage is celebrated).

Under Section 33 of the Family Law Act 1995, a marriage solemnised outside the State where, at the time the marriage is solemnised either or both of the parties was under 18 years, and where no court exemption was obtained, is invalid. This provision applies to persons ordinarily resident in the State.

When Irish citizens marry abroad, it is important that such marriages are not polygamous or potentially polygamous, that they are registered with the civil authorities of the jurisdiction in which the marriage is solemnised, and that a certified copy of the entry in the register of marriages can be obtained.

Where a doubt as to the validity of a marriage exists, Section 29 of the Family Law Act 1995 provides that an application may be made to the Circuit Family Court for an order declaring, inter alia, that a marriage was at its inception a valid marriage. Recognition of the validity or otherwise of any marriage is therefore a matter for the Circuit Family Court and there are no plans to change the existing legislation at the present time.