Dáil Éireann debate -
Tuesday, 25 Nov 1997

Vol. 483 No. 3

Written Answers. - Birth Certificates.

Seán Haughey

Question:

201 Mr. Haughey asked the Minister for Health and Children the plans, if any, he has to change the law in relation to the issue of birth certificates to deal with the situation whereby a woman, who is married but who had a son by a previous relationship and has not the name of their son's father on the birth certificate, can only obtain an adoptees birth certificate when her new husband adopts this son even though he is still living with the natural mother; and if he will make a statement on the matter. [20168/97]

Minister of State at the Department of Health and Children (Mr. Fahey)

The Deputy may find it useful if I refer to the different functions of the Register of Births maintained under the Births and Deaths Registration Acts, 1963 to 1996 and the Adopted Children Register maintained under section 22 of the Adoption Act, 1952.

The function of the Register of Births is to record the particulars set down in law as they pertained on the date of birth. The particulars to be recorded are determined principally by section 1 of the Registration of Births Act, 1996 and the particulars to be entered in the Birth Register with effect from 1 October, 1997, are set out in the Schedule to that Act. These particulars include details in relation to the mother of the child and the father, if appropriate.

Section 22 of the Adoption Act, 1952 provides for the setting up of an Adopted Children Register and for it to be maintained by An tArd-Chlaraitheoir (Registrar-General). When an adoption order is made in respect of a child, the Adoption Board notifies the Registrar-General of the particulars to be registered. Although they are not birth certificates, certified copies issued by the Registrar-General in respect of entries in this register serve the same legal purpose as certificates of entries in the Register of Births, maintained under the Births and Deaths Registration Acts, 1963 to 1996.

In a case, such as that referred to by Deputy Haughey, the mother's name only will appear on the birth certificate. Both the mother's name and the adoptive father's name will appear on the certified copy of the entry in the Adopted Children Register as the mother has adopted her own child jointly with her husband. The Deputy will appreciate it would not be possible to amend the birth certificate to include the adoptive father as he is not the natural father of the child and such an action would render the birth certificate factually incorrect.

I would like to point out that both the birth certificate and the certified copy of the entry in the Adopted Children Register can be obtained by the mother from the General Registrar's Office.