Article 7 of the UN Convention on the Rights of the Child provides that a child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. This article further provides that States party to the Convention shall ensure the implementation of these rights in accordance with their national law.
Legislation relating to the registration of births is set out in the Births and Deaths Registration Acts, 1863 to 1996 which include provisions for the entry of paternity details in the register of births. Qualified informants, which include parents, are required to give the information necessary for the registration of a birth within 42 days of the birth.
The information registered includes the child's name and surname and the name, address and occupation and former surnames of both parents. Particular provisions exist to facilitate the registration of paternity details in respect of children born to parents not married to each other.
The Status of Children Act, 1987 amended section 7 of the Births and Deaths Registration Act (Ireland), 1880 by the substitution of sections 7 and 7A . These sections set out the procedures allowing for the registration of paternity details where the parents are not married to each other — including registration of the father's details in the register of births on the joint application for registration by the parents or on the application by one or other parents with the co-operation of the other parent. Provision is also made for registration of paternity details on the sole application of either the father or the mother of the child on the production of a certified copy of a court order naming the father of the child.
The UN Committee on the Rights of the Child examined Ireland's First National Report under the UN Convention on the Rights of the Child last January. In the committee's concluding observations concern was expressed regarding the disadvantaged situation of children born from unmarried parents due to the lack of appropriate procedures to include the identity of the father in the birth registration of the child and the committee recommended that all appropriate measures be taken for establishing, as far as possible, procedures for the inclusion of the name of the father in the birth certificates of children born from unmarried parents and consideration is being given to this recommendation.
