Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

576. To ask the Minister for Employment Affairs and Social Protection the position regarding a matter (details supplied); and if she will make a statement on the matter. [13588/18]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The provisions for registering the name of a father, other than the person to whom the mother is married, are contained in section 22(3) of the Civil Registration Act 2004 (as amended):

- Section 22(3)(a) provides for the registration of a person, other than the husband, as the father of the child on foot of a statutory declaration by the husband that he is not the father of the child.

- Section 22(3)(b) provides for the registration of a person, other than the husband, as the father of the child on foot of a statutory declaration by the mother that she has been living apart from her husband by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity or a deed of separation.

There is also provision in section 22(2)(d) that allows for the registration of a person, other than the mother’s husband, on foot of a Court under section 45 of the Status of Children Act 1987.

These are the only provisions that allow for the registration of anyone other than the mother’s husband as the father of the child.

I can further update the Deputy, by way of information, that section 6(1) of the Civil Registration (Amendment) Act 2014 amends section 22 to provide for registration of a person, other than the mother’s husband, as the father of the child where there is no decree of divorce, decree of divorce a mensa et thoro, decree of nullity or deed of separation. This section of the Civil Registration (Amendment) Act 2014 has yet to be commenced so the provisions of section 22 as I have outlined remain in operation.