Written answers

Tuesday, 1 October 2013

Department of Social Protection

Civil Registration Legislation

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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321. To ask the Minister for Social Protection if she will amend the Civil Registration Act 2004 to allow deaths to be registered in the absence of a medical certificate of cause of death, or on foot of a coroner's certificate, to specifically allow for deaths of unborn children to be registered; and if she will make a statement on the matter. [40430/13]

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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323. To ask the Minister for Social Protection the reason the death of an unborn child cannot be registered; and if she will make a statement on the matter. [40800/13]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 321 and 323 together.

The loss of a child in any circumstances is an extremely tragic event for a family and I would like to extend my deepest sympathies to those families who have lost children. The procedures governing the registration of deaths are provided for under Part 5 of the Civil Registration Act, 2004. When a death occurs it is registered on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner’s certificate. These are the only circumstances under which a death can be registered.

Section 28 of the Civil Registration Act, 2004 provides for the registration of stillbirths. A still born child is defined under the Act as “a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life and ‘‘stillbirth’’ shall be construed accordingly”. Section 28 (7) of the Act provides that, if a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the functional area of the authority in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chlaraitheoir may direct.

While acknowledging that the loss of an unborn child is very sad for the family concerned it would not be practical or feasible to establish and maintain a register of deaths in such cases. It is not intended, therefore to amend the Civil Registration Act, 2004 to allow for the registration of deaths without a medical certificate or a coroners certificate stating the cause of death.

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