Vol. 564 No. 1
243 Mr. Naughten asked the Minister for Health and Children the reason a person cannot register her child's father on a birth certificate due to the fact that they are not legally separated for six weeks prior to the birth; his plans to change this legislation; and if he will make a statement on the matter. [8975/03]
The Births and Deaths Registration Acts 1863 to 1996, as amended by the Status of Children Act 1987, include provisions for the entry of paternity details in the register of births in respect of children born to parents not married to each other. Section 46 of the Status of Children Act 1987 provides that where a woman gave birth during a subsisting marriage or within 10 months of the termination, by death or otherwise of a marriage to which she was a party her husband was presumed to be the father of the child unless the contrary was proved on the balance of probabilities.
The Status of Children Act 1987 provided a number of mechanisms for the rebuttal of the husband's paternity including, a statutory declaration by her husband stating that he is not the father of the child, or a statutory declaration by the mother stating that she has been living apart from her husband under, a decree of divorce a mensa et thoro or a deed of separation, as the case may be, for more than ten months before the birth of the child. The declaration must be accompanied by the decree or deed as appropriate. A decree of divorce issued under the Family Law Divorce Act 1996 ten months prior to the birth of the child also suffices to rebut the paternity of the husband of the child. In circumstances where the mother is unable to avail of these provisions the birth may also be registered at the written request of the mother or the putative father of the child, on production of a certified copy of any court order in respect of proceedings to which section 45 of the Status of Children Act 1987 relates, naming that person as the father of the child.
