Civil Registration Act 2004

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Re-registration of birth to include name of father.

23.—(1) Where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments but no person has been registered as the child's father, then, subject to subsection (2), any registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (“the person”) as the father of the child—

(a) if the mother of the child and the person jointly so request the registrar in writing and give to him or her a declaration in writing, in a form for the time being standing approved by an tArd-Chláraitheoir, of the person, that he is the father of the child, or

(b) if the mother so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child,

or

(c) if the person so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child,

or

(d) if the mother or the person so requests the registrar in writing and gives to the registrar a document purporting to be a copy of an order made by a court in proceedings referred to in section 45 of the Status of Children Act 1987 , and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the authority by which the registrar is employed.

(3) Where, in a case in which the mother of a child to whom sub-section (1) applies was married at the date of the birth of the child or at some time during the period of 10 months before such date and, but for this subsection, the birth would fall to be re-registered under that subsection pursuant to a request under paragraph (a), (b) or (c) thereof, and a person would fall to be registered under that subsection as the father of the child, the birth shall not be so re-registered and the person shall not be so registered unless there is produced to the registrar concerned—

(a) a statutory declaration of the person to whom the mother was married at that date and of the person or each person to whom she was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child, or

(b) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is, or the person or each person who was formerly, her husband during a period ending immediately before the date of the birth of the child of more than 10 months by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity or a deed of separation.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 or, as may be appropriate, Part 2 of the First Schedule.

(5) A birth which has been re-registered under this section may not be further re-registered save under section 24 .

(6) When a birth is being re-registered under this section, the register shall be signed by—

(a) the mother of the child concerned, if she has made, or joined in the making of, the request concerned under subsection (1), and

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (1).

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(8) This section applies, with any necessary modifications, to stillbirths as it applies to births.