Catherine Murphy (Kildare North, Social Democrats)
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269. To ask the Minister for Social Protection the role a registrar plays in the removal of presumption of paternity and in respect of legally recognising a marriage nullity for the purposes of recognising a divorced person as a single person; the procedures a person must follow where a certificate of divorce is held from another country where a couple might present to register the birth of a new baby or apply for a marriage certificate to another other than the originally married couple; and if he will make a statement on the matter. [18161/16]

Leo Varadkar (Dublin West, Fine Gael)
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The Status of Children Act 1987 provides that where a married woman gives birth to a child her spouse is presumed to be the father of the child.

Where the spouse is not the father of the child, Section 22 of the Civil Registration Act 2004 provides that the presumption may be rebutted by either:

1. a statutory declaration of the person to whom the mother was married that he is not the father of the child, or

2. a statutory declaration by the mother that she has been living apart from her spouse during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation.

The relevant documents should be presented to the registrar for examination at the time of registration of the birth.

Where a couple wish to marry each other and one or both has been granted a divorce in another jurisdiction, all relevant papers (including marriage certificates and court orders) should be submitted to the registrar when the couple attend to give notification of intent to marry. A foreign divorce may be recognised and the Registrar General's Office will examine the foreign divorce for recognition under Irish law. Ultimately, the recognition of foreign divorces is a matter for the courts. Recognition of EU divorces granted prior to 1 March 2001 and all other foreign divorces is governed by the Domicile & Recognition of Foreign Divorces Act 1986.

Persons who have been granted a divorce in another jurisdiction are advised to seek an appointment with the registrar well in advance of their intended date of marriage to allow sufficient time for all papers to be processed.