Written answers

Tuesday, 31 January 2023

Department of Foreign Affairs and Trade

Passport Services

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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358. To ask the Minister for Foreign Affairs and Trade his views in relation to the passport application of a child (details supplied). [4240/23]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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All passport applications are subject to the provisions of the Passports Act 2008, as amended. The Act provides, among other things, that a person must be an Irish citizen before a passport can be issued to that person. In order to meet this requirement, each passport applicant must demonstrate an entitlement to Irish citizenship by providing acceptable documentary evidence of this entitlement when making a first time passport application.

The citizenship of a person born on the island of Ireland on or after 1 January 2005 is determined by the citizenship or residency status of their parents at the time of the person’s birth. If both parents are non-Irish citizens at the time of the child's birth and if neither of the parents are a British citizen, the citizenship of a child born in Ireland on or after 1 January 2005 is determined by the residency status of their parents at the time of the child’s birth. A child born on or after 1 January 2005 may claim citizenship by birth where a parent has been lawfully resident in the State for three years of the four years preceding his/her birth (a total of 1,095 days).

Where citizenship cannot be established on the basis of one of the parents' residency status, citizenship may be established through naturalisation if the child has accumulated 5 years' reckonable residence. Further details on naturalisation can be found here www.irishimmigration.ie/how-to-become-a-citizen/become-an-irish-citizen-by-naturalisation/

Once a naturalisation certificate has been obtained, a passport application can then be made.

Information on what is required for all first time passport applications, including details on documentary requirements, guardianship and consent, are available on my Department’s website (www.dfa.ie/passports/documentary-requirements/).

In the case of passport applications for children, it is also essential that the Passport Service verifies the consent of the child’s guardians before a passport can issue. This ensures that the Passport Service protects the integrity of the passport system and the rights of the child and their guardians.

Section 14(1) of the Passports Act 2008 makes provision for the consent of a child’s guardian(s) before a passport can issue. Under Irish law, the rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act 1964, along with certain provisions of the Children and Family Relationships Act 2015.

While it is not possible to provide information relating to the Deputy's query without considering the specifics of the application, the Passport Service invites the applicant's foster parents to contact its Customer Service Hub for further guidance. 

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