Joe McHugh (Donegal North East, Fine Gael)
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Question 872: To ask the Minister for Social and Family Affairs her views on whether the State's authorities must now insert a child's father's name on birth certificates, pursuant to Article 9.3 of the European Convention on the Rights of the Child that states parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests; and if she will make a statement on the matter. [38717/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The current position in relation to births registrations is that no man can be named as the father of a child in an entry unless he consents to do so or unless he is found to be the father of the child by the Courts, in proceedings relating to guardianship or maintenance or by way of a declaration of parentage, made under section 35 of the Status of Children Act, 1987.

Under the provisions of the Civil Registration Act, 2004, where the parents are not married to each other at the time of the birth, the father's particulars can be registered if the parents make a joint application to do so, or if either makes an application, accompanied by a statutory declaration from the other parent, naming the father, or if either parent makes an application accompanied by a court order naming the father.

Where a father's details are not registered initially, the parents may re-register the birth to add his details. The procedures for such re-registrations are similar to those for registrations. Also, if the parents marry each other following the birth, they are legally obliged to re-register the birth, under the provisions of section 24 of the Act.

I believe that, in his question, the Deputy is referring to the United Nations Convention on the Rights of the Child (Article 9.3). The status of the United Nations Convention on the Rights of the Child (UNCRC) in Irish law is that Ireland ratified the UNCRC without reservation on 21 September 1992. The Convention entered into force for Ireland on 21 October 1992. Ireland signed the European Convention on the Exercise of Children's Rights in 1996 and proposes to ratify the European Convention as soon as possible.

Similar to other common law countries, Ireland has a 'dualist' system under which international agreements, to which Ireland becomes a party, are not automatically incorporated into domestic law, under the following Constitutional provisions:

Article 29.3 of the Constitution of Ireland states: 'Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.'

Article 29.6 of the Constitution of Ireland provides: 'No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.'

These Constitutional provisions have been interpreted as precluding the Irish courts from giving effect to an international agreement if it is contrary to domestic law or grants rights or imposes obligations additional to those of domestic law. Consequently, whereas Ireland has ratified the UNCRC, the Convention did not thereby automatically become part of Irish law.

The Houses of the Oireachtas Joint Committee on Social and Family Affairs has strongly recommended that it should be made compulsory for the father's name to be registered on a child's birth certificate (First Report – October 2009).

The Law Reform Commission (LRC) recently issued a discussion document on Legal Aspects of Family Relationships, which included the issue of the registration of the father's particulars. They have invited submissions from interested parties and will, in due course, issue recommendations in a further report. Any recommendation in relation to the compulsory registration of the father's details on a birth record will be of considerable significance and will be seriously considered, especially in light of the Joint Committee's recommendation.