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Dáil Éireann díospóireacht -
Wednesday, 16 Dec 1981

Vol. 331 No. 11

Written Answers. - Registration of Births.

663.

asked the Minister for Health if it is a fact that under an English Act of 1880 which governs the registration of Irish children, some women were left with no way to register their children who were born in the period 1979 to 1981, because of the interpretation of this law here; and if, in the light of evidence put forward by a Limerick Councillor (details supplied), she plans to take action on this problem.

The registration of births is governed principally by the Births and Deaths Registration Acts of 1863 and 1880. These Acts provide for the registration of all births which occur within the State.

I presume that the type of case to which the question relates is an application to register a birth to a married woman in which it is claimed that her husband is not the father of the child. I have been advised that it is not legally open to a married person to assert for the purpose of registering a birth that a child born to the wife is not the child of the husband and that the registering authority can only make an entry in the register showing a person other than the husband as being the father of a child where this has been determined by court proceedings. In the absence of a court ruling to this effect the birth may, however, be registered without the inclusion of any particulars relating to the father.

In any case in which a birth of this nature has remained unregistered the birth can be registered if the mother or other qualified informant applies to the registrar. Superintendent registrars have been advised that where a registrar is aware of such an unregistered birth in his district and is in a position to contact the mother he should invite her to attend at his office so that he can explain the procedure for having the birth registered.

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