Written answers

Thursday, 2 March 2023

Department of Employment Affairs and Social Protection

Registration of Births

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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248. To ask the Minister for Employment Affairs and Social Protection her advice for parents who cannot register their child's birth due to delays in getting a court date for paternity; when section 6 of the Civil Registration (Amendment) Act 2014 will be commenced; and if she will make a statement on the matter. [10631/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I would refer the Deputy to my previous answer to PQ 8524/23 of the 21st February last with regard to the requirements for the inclusion of a person who is not the mother's husband on the birth registration record of a child.

Married mothers who have not obtained a divorce or deed of separation and who wish to register a person other than their husband as father of their child, are required to submit a statutory declaration from their husband that he is not the father of the child.

Until such time as a court order made in proceedings referred to in Section 45 of the Status of Children Act 1987 has been granted which names the father, there is no facility where the birth can be registered to include a person who is not the mother's husband without a statutory declaration from that husband.

Section 6 of the Civil Registration (Amendment) Act 2014 cannot be commenced until technical amendments by way of primary legislation are made to enable its commencement.  It is my intention to make these technical amendments in forthcoming legislation for civil registration which I intend to bring to Government for approval shortly. 

I trust this clarifies matters for the Deputy.

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