Dáil Éireann Debate, Thursday - 13 December 2018
207. Deputy Fergus O'Dowd asked the Minister for Employment Affairs and Social Protection her views on concerns raised by a person (details supplied) on the prescribed process regarding the registration of a newborn; and if she will make a statement on the matter. [52549/18]
View answerSection 22 of the Civil Registration Act 2004 provides for registration of births where the parents are not married to each other. Specifically, section 22(3) sets out how a person other than a husband may be registered as father of the child.
In this particular case section 23(3)(a) applies, as there is no decree of divorce, deed of nullity, or deed of separation. Under these provisions the husband must sign a statutory declaration rebutting paternity in order for the mother to avail of this provision.
Alternatively, it is open to the individual concerned to apply for a Court Order under Section 45 of the Status of Children Act 1987 naming the person other than the husband as the father of the child. Upon receipt of this court order, the birth will be registered with the named person as the father of the child in accordance with section 22(2)(d).
The individual concerned also raised questions in relation to the appropriateness of the current legislation. In this context I can inform the Deputy of the following, although it would not have any application in this case as the provisions are not retrospective:
Section 6 of the Civil Registration (Amendment) Act 2014 amends Section 22 to make it possible, in certain circumstances, for a person other than the mother’s husband to be registered as the father of the child without any of the decrees, deeds or court order mentioned above. These provisions, however, remain to be commenced pending agreement from HSE to the roll-out of training to staff of the Civil Registration Service, who are employees of the HSE.
The General Register Office (GRO) is in a position to provide this training as soon as the HSE notifies it of the dates and venues. Work has been ongoing to progress this matter and as a result an advance party attended a session over the summer. It is not possible, at present, to indicate a date for the full roll out of training but it is hoped that this can be commenced shortly.
Officials from my Department, the GRO, the Department of Health, and the HSE are maintaining their best efforts to ensure that commencement of this legislation can be brought about as soon as possible.
I will arrange for officials from my Department to contact the Deputy to follow up in relation to the circumstances outlined in this matter.
