Dáil Éireann díospóireacht -
Thursday, 25 Feb 1999

Vol. 501 No. 2

Written Answers. - Parental Status.

Noel Ahern

Ceist:

280 Mr. N. Ahern asked the Minister for Health and Children the procedure whereby a person may have his name removed from a child's birth certificate as being the father when it has been proved by DNA that he is not the father; if legislation is necessary; if so, when it will be introduced; and if an early commitment can be given on the matter. [5725/99]

Minister for Health and Children (Mr. Cowen)

The administration of the registration system is a matter for the Registrar-General of Births and Deaths and for local Registrars, who operate under his general direction.

Section 27 of the Birth and Deaths Registration Act, (Ireland), 1880 provides for the correction of errors in the registers of births and deaths, including errors of fact or substance. Errors of fact or substance may be corrected by the officer having custody of the register (i.e. the Registrar or Superintendent Registrar) on payment of the statutory fee and upon production of a statutory declaration setting forth the nature of the error and the true facts of the case.

However, I understand that there may be a number of issues to be addressed in relation to an application for the amendment of a birth entry. I also understand that, in the case of an entry signed by the party denying paternity, who subsequently seeks to have his name removed from the Register of Births, it may not be sufficient to amend the original entry as described above. There are also legal difficulties associated with the subsequent inclusion of the details of the putative father, in circumstances where a father was named in the original entry.

The details given by the Deputy are not sufficient to enable me to formulate a more helpful answer. However, should the Deputy have a particular case in mind, An t-Árd Chláraitheoir has indicated that his office would be happy to communicate directly with the Deputy, in order to address particular issues relating to the circumstances of the case. However, I am advised that there is an application before the courts by way of judicial review involving birth registration, paternity and DNA tests and the Deputy will appreciate that it would not be appropriate for An t-Árd Chláraitheoir to enter discussions in relation to that particular case.

As the Deputy may already be aware, my Department, together with the Department of Social, Community and Family Affairs has for some time been engaged in the work necessary for a review of the registration system, including the legislation governing the system to identify the changes necessary to bring the law into line with the requirements for a modern and efficient service.