Dáil Éireann Debate, Tuesday - 8 July 2014
357. Deputy Marcella Corcoran Kennedy asked the Tánaiste and Minister for Social Protection if her attention has been drawn to the need for an apostille stamp on a birth certificate for persons born in Northern Ireland when notifying intent to marry here despite the fact that other countries, namely, Denmark, Italy and France are exempted from this requirement in the same circumstances; and if she will make a statement on the matter. [29343/14]
View answerIn order to properly identify the parties to a marriage, the requirements under section 46 (7) of the Civil Registration Act, 2004, include, inter alia, the authentication of birth certificates.
This step is necessary to help ensure that the intended marriage is not for unlawful purposes. In this regard, it is not possible to discriminate between persons born outside this jurisdiction, either by exempting or targeting persons born in specific jurisdictions.
There are two international conventions which govern the authentication of documents – The Hague Convention, 1961 which relates to the use of an apostille and the Brussels Convention, 1987 between member states of the EU. Generally, birth certificates issued by authorities outside this jurisdiction must bear an apostille or, in the case of a country that is not a signatory of the Hague Convention 1961, be attested by the relevant Embassy.
All countries of the European Union are signatories of the Hague Convention.
Certificates issued in a country which has signed and ratified the Brussels Convention are not required to bear an apostille when produced in another country which has ratified the convention. The countries which have signed and ratified the Brussels Convention are - Belgium, Denmark, France, Ireland and Italy. The United Kingdom has signed, but not ratified, the Brussels Convention and certificates issued in that jurisdiction are dealt with under the Hague Convention and are therefore required to bear an apostille.
The birth records of persons born in this jurisdiction must also be fully checked before a marriage registration form can be issued. However, there is no requirement for these records to be authenticated further, as the registrar taking the notice of intention to marry is in a position to do this.
