In court proceedings where the paternity of a child is in issue, a presumption under the law is that the mother's husband is the father of the child (Status of Children Act, 1987). However, in cases where the mother was living apart from her husband on foot of a separation order or agreement made more than ten months before the birth of the child, the presumption is that the husband is not the father of that child; and if another person is named on the births register as the father of the child, the law presumes that the named person is the father.
It is not necessary in every case for the husband to be summoned to court (whether in guardianship or any other proceedings) in order to declare that he is not the father of his wife's child. Such a declaration can, if required and if the husband is available and prepared to make it, be made in writing without court proceedings as part of the process of entering the name of the actual father of the child on the births register (Births and Deaths Registration Acts as amended by the Status of Children Act, 1987).
Where the parents are in agreement, the law provides that the parents may make a joint declaration to have the father appointed a guardian without the need to go to court (Children Act, 1997).
There are no further proposals at present to change the law in this area but I can say that operation of the law will continue to be kept under review.
