An information leaflet on how to register a birth and a general guide to the relevant legislation including the Civil Registration Act, 2004.

Transcription

1 Registering a Birth Please choose a Section Introduction 1: Birth Registration and personal Names 2: The Registration Process and the details which must be recorded in the Register of Births 3: Where should a birth be registered and by whom? 4: Registration of births to parents who are not married to each other 5. Re-registration of Births 6. Time period within which a birth should be registered and the late registration of a birth 7. Corrections of Errors and other Amendments. 8. The registration of stillborn children 9. General note on Birth Certificates 10. Locating the appropriate Registrar of Births 11. Fees payable by members of the public 12. Useful Addresses & Telephone Numbers An information leaflet on how to register a birth and a general guide to the relevant legislation including the Civil Registration Act, Information for Parents on the registration of a birth and a guide to the content of a birth certificate. NOTE: This leaflet contains important information for the benefit of parents concerning how their child's birth will be registered. Parents are advised to note carefully the contents of the relevant sections. INTRODUCTION: This information leaflet has been prepared to assist you in ensuring that the birth of your child will be fully and properly registered in accordance with the provisions of Irish Civil Registration Legislation. The importance of the accurate registration of a birth will become evident at several times in your child's life, e.g. school enrolment and examinations, employment, in the issuing of passports, in making Health or Social Welfare applications and for other administrative and legal reasons. Since the introduction of electronic registration, the allocation of a Personal Public Service Number (PPS No.) to a child at Registration will be processed automatically, thus establishing a child's Public Service Identity and the creation of family links on the national central database for all citizens the

2 Client Records System which is administrated by the Department of Social and Family Affairs, and will initiate a Child Benefit claim for first-born children and the automatic payment for second and subsequent children in a family.(note: Parents should contact the Department of Social and Family Affairs directly if a claim is not automatically initiated or where payment of Child Benefit is delayed) The Civil Registration Act 2004 requires the parent(s) of a new-born child, not later than 3 months from the date of the birth, to attend in person before any registrar of births, to provide such information as is required to register the birth and to sign the register of births in the presence of the registrar. A birth can be registered in any registrar's office and you can register at the office that is most convenient for you. The registration of a birth provides for the inclusion of information concerning the child as well as the parents of that child. Certificates relating to births which were registered prior to 1 October 1997 will not include certain details relating to the parents of a child nor will they include a surname for the child. Birth Certificates will be issued in accordance with the facts (information) registered in the relevant entry in the Register of Births. Therefore, you should read this leaflet carefully and take note of the content of the relevant sections below. It may be difficult from a legal viewpoint, and time consuming for all concerned, if the details in an entry have to be altered after the initial registration. Please refer to section 7 for details of the processes by which an entry may be amended. A Birth Notification Form (Form BNF/01) will usually be completed with the parent(s) by Hospital Staff (in the case of hospital births) or by a doctor or midwife (in domiciliary births). This form outlines the information to be recorded in the Register of Births and should be completed with one, or both parents to ensure that correct and accurate information is registered. This form will be forwarded to a registration office to inform the registrar that the birth has occurred. N/B: The completion of a Birth Notification Form is NOT sufficient to register a birth and the parent(s) or other qualified informant (see below) must attend the registrar's office in person to complete the registration process. Section 1: Birth Registration and Personal Names:

3 The Birth Register records the birth of a child to parents, who at the time of the birth, are known by particular surnames. The items of information (or facts) recorded in the Birth Register are set out in section 2 of this leaflet. These facts are recorded as at the time of the birth. A surname as entered in the Register of Births in respect of each child when his/her birth is being registered this was not the case prior to 1/10/1997. The surname of the child recorded in the Register of Births must be either the surname of the father or mother or of both (as shown in the Register) or any other surname that is requested by the parents and an tard Chláraitheoir (the Registrar-General) or a Superintendent Registrar is satisfied the circumstances so warrant the entry of this surname. The surname of a child may be recorded subject to any necessary linguistic modifications (e.g. Irish or English version of a surname). Names are registered either in Irish or English and it is not possible to change a forename and/or a surname from English to Irish or vice versa at a later date. The register reflects the fact that the event was registered in one or other of the official languages of the State and the legislation requires that a true copy of the registration is produced on a birth certificate. This does not impinge upon any person s right to be known by the Irish or English variants of their names by usage and repute. If parents wish their child to have a surname other than their own entered in the Register of Births an application in writing must be made to a Superintendent Registrar. Enquiries on how such applications are made should be directed to the appropriate Registrar of Births. The surname to be recorded for a child in the Register of Births should be carefully considered and the most appropriate surname assigned, taking account of the provisions above. IN CASES WHERE THE DETAILS OF BOTH PARENTS OF A CHILD ARE REGISTERED, IT IS NOT POSSIBLE TO CHANGE THE SURNAME OF A CHILD IN THE REGISTER OF BIRTHS ONCE THE BIRTH HAS BEEN REGISTERED UNLESS THE PARENTS MARRY FOLLOWING THE BIRTH. PLEASE NOTE THAT, WITH THE EXCEPTION OF THE ABOVE AND CASES INVOLVING PATERNITY, ASSUMED IDENTITIES AND CLERICAL OR FACTUAL ERRORS, THE CHILD S SURNAME CANNOT BE CHANGED, AS THE REGISTER IS INTENDED TO REFLECT THE FACTS AT THE TIME OF BIRTH OR RE- REGISTRATION AND CANNOT BE UPDATED TO REFLECT CHANGED CIRCUMSTANCES IN LATER LIFE (E.G. PARENTS SEPARATE, RE-MARRY ETC.). UNDER THE COMMON LAW, HOWEVER, NO PERSON IS LEGALLY OBLIGED TO BE KNOWN BY THE NAME(S) CONTAINED IN THEIR BIRTH ENTRY. AN ADULT (OR THE PARENT(S) OF A MINOR) MAY CHANGE NAME BY USAGE AND REPUTE. IN CERTAIN CIRCUMSTANCES, A DEED POLL MAY BE SWORN OUT AS EVIDENCE OF THE CHANGE. A DEED POLL CANNOT BE USED TO AMEND THE BIRTH ENTRY BUT IT CAN BE PRESENTED ALONG WITH THE BIRTH

4 CERTIFICATE AS EVIDENCE OF CHANGE OF NAME AND IS ACCEPTABLE FOR LEGAL AND PRACTICAL PURPOSES (SCHOOL, PASSPORTS, ETC.) FURTHER INFORMATION REGARDING DEED POLLS MAY OBTAINED FROM THE DEED POLL SECTION OF THE COURTS SERVICE (CONTACT DETAILS SEE SECTION 12) Section 2: The Registration Process and the details which must be recorded in the Register of Births: Care should be exercised to ensure that the information that is recorded in the Register of Births is accurate and correct based on the facts as at the time of the birth. The information recorded in the Register of Births is outlined below:- Child's Details The time, date and place of the birth of the child. The sex of the child. The personal public service number (PPSN) of child (this will be allocated at registration). The forename(s) and surname of the child. Please ensure that the surname(s) appearing in the Register of Births is correct (i.e. is the chosen and agreed surname and will be used to identify the child) so as to avoid any later confusion or difficulties. Mother's Details The forename(s) and surname of the mother which will be the name by which the mother is/was ordinarily known at the time of the birth. The mother's birth surname. All other previously used surnames of the mother (if any) will be included in the Register. The mother's normal occupation, described as accurately as possible (e.g. Clerical Officer, Department of Health and Children not Public Servant; Canteen Supervisor not Catering ). This is important for statistical purposes. When a parent is not currently employed outside the home the most recently held previous occupation should be given. Homemaker is an acceptable term for a parent working in the family home. The term unemployed should not be entered in the Register of Births. The mother's normal address at the time of the birth (even if this has changed in the interim before date of registration). The mother's date of birth. The mother's marital status at the time of the birth. (The terms bachelor and spinster are no longer in use. A person's marital status is either never married, married, widowed, divorced or separated. The mother's personal public service number (this can be obtained from the Department of Social and Family Affairs by the mother, if it is not known to her). Birth Surname of mother's mother.

5 Father's Details The father's forename(s), surname, birth surname, all previous surnames (if any), normal occupation, normal address, date of birth, marital status, PPSN and birth surname of father's mother will be recorded in the Register in a similar manner to the details relating to the mother. A Qualified Informant, who must sign the Register in the presence of the Registrar attests to the accuracy of the information or facts given in the entry. In the majority of cases, either or both parents are the Qualified Informants. Parents should note that, if they wish for both of their signatures to appear on a birth certificate, they must both apply and/or attend in person. An entry that is signed by a Qualified Informant is legally valid and the absence of the other parent s signature has no legal significance. However, there are no provisions that allow for the addition of the other parent s signature, following a registration or re-registration, and this may become a cause of personal or emotional distress to parents. N/B: ACCORDINGLY, PARENTS ARE ENCOURAGED TO APPLY OR ATTEND JOINTLY IN ORDER TO REGISTER OR RE-REGISTER THE BIRTH OF THEIR CHILD In the cases of a birth where the parents are married to each other, either parent or both together may sign the register. The procedures where the mother is not married to the father of the child is different and is covered below (see Section 4). Married parents must provide proof of their civilly recognised marriage, by producing a copy of their marriage certificate. Where the marriage occurred outside of the state and the certificate is not in English the parents must provide a certified translation of the full text of the certificate accompanied by the original. N/B: If a married parent or parents cannot provide evidence of marriage on the day they attend to register, the registration may not proceed. (In certain circumstances, such as traditional or customary marriages, or where the parents are unable to produce a civil marriage certificate for valid reasons, it may be possible to effect registration PROVIDED THAT BOTH PARENTS ATTEND THE REGISTRAR S OFFICE AND SIGN THE REGISTER. In such cases, marital status will be left blank, until such time as the parent s marital status can be established) Correcting errors or amending an entry, after the original registration has been completed, may involve a lengthy procedure with considerable inconvenience to all parties concerned. It is extremely important that the

6 Qualified Informant(s) reads the entry carefully to ensure the accuracy of the facts as recorded prior to signing the register. If a forename was not given to the child at registration it may be added at a later date. Similarly, an existing forename may be altered or added to. Parents should contact a Registrar of Births who will advise as to the procedure to follow. The Qualified Informant/Informants who attend at the office of a registrar to register a birth will be required to show evidence of ID. Suitable forms of ID are listed below. Passport Driving Licence Dept. of Social & Family Affairs card (usually showing your Personal Public Service Number (P.P.S.N.)) Refugee Applications Commissioner Client Card Student Identity Card Bank Cards (mush have the bearers signature) Dept. of Social & Family Affairs benefit/allowance payment books (must contain the bearers signature therein) National Age Card. Section 3: Where should a birth be registered and by whom?: A birth may be registered in the Office of any Registrar of Births. The registrar is the person who is responsible in law for registering a birth. This registration will be carried out based on information provided by a Qualified Informant who is required to attend at the Office of the Registrar to sign the Register of Births. The mother and father of a child have a primary duty as Qualified Informants and, unless it not possible to do so, must attend personally for the registration of Birth. Where the parents do not act or it is not possible for them to do so, the following persons may also act as Qualified Informants: a person appointed as guardian of the child any person present at the birth any person present in the dwelling where the birth occurred a designated member of the staff of the hospital (or other institution, organisation or enterprise) where the birth took place any person who has charge of the child a person found to be the parent of the child by order of the courts.

7 While many of the details contained in the Births Notification Form are forwarded to the registrar by the Occupier of the Hospital in which the birth takes place (or a doctor or midwife in the case of domiciliary births), it is the responsibility of parents to ensure that the information recorded in the Birth Register in respect of their child is correct and accurate. Special care should be taken to ensure that the Birth Notification Form is completed as accurately as is possible taking care to ensure that all spellings are correct etc. IN CERTAIN CIRCUMSTANCES, A BIRTH NOTIFICATION FORM MAY NOT HAVE BEEN COMPLETED OR FORWARDED TO THE REGISTRAR (E.G. IF THERE WAS NO MEDICAL ATTENDANCE AT THE BIRTH). IN SUCH CASES, IT IS THE DUTY OF THE PARENTS TO PERSONALLY REGISTER THE BIRTH OF THEIR CHILD. Section 4; Registration of births to parents who are not married to each other: Where a child is born to parents who are not married to each other the birth may be registered so as to record the details of the child's father and details of how you may do so are outlined in the following paragraphs. PARENTS SHOULD NOTE THAT THE SURNAME OF THE FATHER MAY ONLY BE ENTERED AS THE SURNAME (OR PART OF THE SURNAME) OF THE CHILD IN CASES WHERE THE FATHER'S DETAILS ARE INCLUDED IN THE ENTRY IN THE REGISTER OF BIRTHS. ONCE A SURNAME HAS BEEN ENTERED IN THE REGISTER OF BIRTHS WHERE THE FATHER'S DETAILS ARE INCLUDED, IT CAN BE CHANGED AT A LATER STAGE ONLY IF THE CHILD'S BIRTH IS RE-REGISTERED FOLLOWING THE MARRIAGE OF THE BIRTH PARENTS (SEE SECTION 5 BELOW). There are a number of options available for registering the birth of a child born to parents who are not married to each other, to include the father's details, which are outlined in the following paragraphs. All of the forms referred to in this section may be obtained from the Registrar of Births. Where the mother is single, i.e. has never been married 4.1: At the written joint request of the father and mother (Form CRA 9). In this case, both parents will be required to attend together at the Office of

8 the Registrar to sign the Register of Births. 4.2: At the written request of the mother on production of a declaration by her naming the father. This form (CRA 1) must be accompanied by a Statutory Declaration by the father acknowledging paternity (Form CRA 3). In this case, the mother will be required to attend at the Office of the Registrar to sign the Register of Births. 4.3: At the written request of the father on production of a declaration by him acknowledging paternity. This form (CRA 2) must be accompanied by a Statutory Declaration by the mother naming the father (Form CRA 4). In this case, the father will be required to attend at the Office of the Registrar to sign the register of Births. 4.4: At the written request of the mother (Form CRA 5 completed), or the father (Form CRA 6 completed), on production of a certified copy of any court order issued by the District, or Circuit Court regarding guardianship of infants or maintenance, or under the Social Welfare (Consolidation) Act 1993 naming him as the father of the child. In this case, the mother (if CRA 5 used), or father (if CRA 6 used) will be required to attend at the Office of the Registrar to sign the Register of Births. Please ensure all parties are named fully and correctly on the court order. Where the mother is married to someone other than the father 4.5: Where the mother of the child has been married (either at the time of the birth or at sometime during the period of ten months before the birth) to someone other than the father of the child, the forms to register the birth (see and 4.3 above) should be accompanied by: a Statutory Declaration from the mother's husband stating that he is not the father of the child (Form CRA 7); OR a Statutory Declaration by the mother stating that she has been living apart from her husband under a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity, a judicial separation, or a deed of separation for more than ten months immediately preceding the birth (Form CRA 8). This form should be accompanied by a certified copy of the judicial separation, deed of separation or decree of divorce or nullity, as appropriate. If neither (a) or (b) is available, then the court order option set out at 4.4 above may be used to register the birth. Where the mother was married but her marriage ended more than ten months prior to the birth

9 4.6: Where a mother was widowed or obtained an Irish Divorce more than ten months prior to the birth of her child, then the birth may be registered under either of the options 4.1, 4.2 or 4.3 as long as the mother can provide the Registrar with her late husband's death certificate or a certified copy of her Irish Divorce Decree, as appropriate. A court order naming the child's father, as set out at option 4.4 may be used. 4.7: Where a mother obtained a foreign (i.e. non-irish) divorce more than ten months prior to the birth of her child, it will be necessary to show that the divorce is entitled to recognition in the State before a registration may be effected under options 4.1, 4.2 and 4.3. Enquiries should be made with the Registrar of Births with regard to this matter. Otherwise any of the options under Section 4.5 may be used to register the birth. N/B: AS REFERRED TO IN SECTION 2 ABOVE, ONLY THE SIGNATURE OF THE PARENT WHO MAKES OR JOINS IN THE MAKING OF AN APPLICATION TO REGISTER IS REQUIRED TO SIGN THE REGISTER AND THE OTHER PARENT S SIGNATURE CANNOT BE ADDED AT A LATER DATE. FOR THIS REASON, PARENTS ARE ENCOURAGED TO MAKE A JOINT APPLICATION TO REGISTER IF POSSIBLE. Section 5. Re-registration of Births: The re-registration of a birth may be effected only in either of the following two circumstances: 5.1 where the parents of a child who are not married to each other wish to have the father's details included where these details were NOT registered initially. or; 5.2 where the parents of a child marry each other after the birth of their child. Enquiries should be made directly with a Registrar of Births, Deaths & Marriages. The Registrar will advise you as to what documents and information will be required. It will be necessary for the Registrar to refer the relevant papers to the Superintendent Registrar for the appropriate authority to be issued providing for the re-registration. Where a birth is reregistered the initial entry will be retained but all Certificates will be written from the new entry.

10 Where a surname has been recorded in the original entry the surname details may be changed by agreement of both parents and the changed surname will appear in the new or second entry. Only one re-registration may be made under the circumstances outlined under 5.1 and 5.2 above, so parents should take care that all details are correctly re-registered and especially that the surname chosen is the most appropriate to the needs of the parents and the child. A re-registration to include the father's details (5.1 above) may be further re-registered only if the parents marry subsequently (5.2 above). A reregistration where the parents marry (5.2) cannot be re-registered again. N/B: AS REFERRED TO IN SECTION 2 ABOVE, ONLY THE SIGNATURE OF THE PARENT WHO MAKES OR JOINS IN THE MAKING OF AN APPLICATION TO REGISTER IS REQUIRED TO SIGN THE REGISTER AND THE OTHER PARENT S SIGNATURE CANNOT BE ADDED AT A LATER DATE. IN CASES WHERE THE MOTHER HAS REGISTERED THE BIRTH INITIALLY, BUT DOES NOT JOIN IN THE MAKING OF THE APPLICATION TO RE-REGISTER THE BIRTH, HER SIGNATURE IN THE ORIGINAL ENTRY WILL BE REMOVED AND REPLACED WITH THAT OF THE FATHER. FOR THIS REASON, PARENTS ARE ENCOURAGED TO MAKE A JOINT APPLICATION TO REGISTER IF POSSIBLE. Section 6. Time period within which a birth should be registered and late registration of a birth: A birth should be registered within three months of the date of birth. If the birth has not been registered at the end of this three month period and all efforts to contact the parent(s) have failed, the birth will be registered by one or other Qualified Informants referred to in section 3 above. A registrar has the authority to require a Qualified Informant to comply with the registration procedures. The written consent of a Superintendent Registrar is required if a birth is not registered within 12 months ( late registration ) and contemporary documentary evidence may be required to support the application to have such a birth registered. Section 7. Corrections of Errors and other Amendments.

11 A birth certificate is a legal document and cannot be amended unless there are valid reasons to do so, as the Civil Registration service has a duty to protect the integrity of the records held. In circumstances where the information given AT THE TIME OF BIRTH OR RE-REGISTRATION was incorrect or flawed, there are a number of provisions and procedures that must be followed in order to amend the entry. 7.1 Clerical Errors In cases where an entry contains a misspelling, a juxtaposition of the particulars (e.g. surname and forename entered in the wrong order) or other clerical error, this can be addressed under the provisions of section 63 of the Civil Registration Act, Any interested party (e.g. parent, relative or the person to whom the entry applies (if an adult)) may apply in writing to any Superintendent Registrar (via any registration office) for the correction of a clerical error. An administrative form for this purpose is available at any local registration office, and must be completed and returned to the Superintendent Registrar, along with some documentary evidence of the correct spelling, etc. (unless, of course, the error is self evident). If the Superintendent Registrar is satisfied that a clerical error has occurred, the entry will then be corrected N/B: Please note that these errors may be corrected locally and there is no need to contact the GRO directly concerning them. 7.2 Factual Errors Factual Errors, such as erroneous information concerning addresses, occupational descriptions, dates, etc. may also be addressed under section 63 of the Act. As with clerical errors, an interested party may make an application in writing, in an administrative form for this purpose, which is available at any local registration office, and this form must be completed and returned to the Superintendent Registrar, along with some documentary evidence of the factual position. In addition, a statutory declaration from a qualified informant (see section 3 for a list of qualified informants) must be obtained before the factual error can be corrected. If no qualified informant, with knowledge of the required particulars and who is capable of acting, can be found, two separate statutory declarations from two credible persons with knowledge of the facts may be accepted by the Superintendent Registrar (an example of credible persons would be siblings, relatives, neighbours, etc.)

12 If the Superintendent Registrar is satisfied that a factual error has been entered in the register and provided that a qualified informant or two credible persons have made the required declaration(s), the entry may then be corrected. If neither a qualified informant nor two credible persons can be found, the case may be referred by the Superintendent Registrar to the Registrar General, who may deal with the application as an enquiry pursuant to section 65 of the Act. With regard to errors concerning Parentage, only a Declaration of Parentage, made under section 35 of the Status of Children Act, 1987 may be used by a Superintendent Registrar to authorise the correction of an error of fact in the register of births. These declarations are binding on the State and are factual evidence as to parentage. Cases involving all other evidence (such as other court orders and DNA paternity test results) will be considered by the Registrar General under the provisions of section 65 of the Act (see 7.4 below) Declarations of Parentage are issued by the Circuit Family Law Courts. The application must be made by the child (or, if a minor, by a parent or guardian acting as the child s next friend). Once a declaration has been made and is issued, it should be brought to the Superintendent Registrar, who will make arrangements to have it implemented. 7.3 Enquiries under section 65 of the Civil Registration Act, 2004 Section 65 provides that the Registrar General may examine any entry to determine whether the particulars contained in an entry are correct and complete and, if this is not the case, to make arrangements to have the entry corrected and/or completed, as appropriate. In general, only applications that cannot be dealt with under other provisions (such as section 63 above) are referred to the Registrar General, requesting an enquiry under section 65. The following are the main types of enquiry that are currently dealt with under section 65; Cases involving the Paternity of a child, where there is evidence (such as the results of a DNA paternity test) that the man entered as the father in the register is not the biological father and/or that another man is the father of the child Cases where the parent or parents of the child have used or were using assumed identities at the time of the registration or re-registration of the birth of the child

13 Cases that could otherwise be dealt with under section 25 (change, alteration, registration or addition of the forename of the child in the entry) but that the parents are deceased or incapable of acting for some other reason Cases where the parents were married at the time of the birth and this was not registered or the marital status was registered incorrectly at the time. Cases involving errors of fact that would otherwise be dealt with under section 63 but where neither a qualified informant nor two credible persons can be found The specific procedures for dealing with the types of enquiries listed above are laid out in more detail in the following sections. Generally speaking, all requests for an enquiry under section 65 must be made in writing to the Registrar General. If the Registrar General decides that it is in order to conduct an enquiry under section 65, all interested parties and/or any person that the Registrar General has reason to believe may be able to provide him with relevant information will be written to and will be requested to submit the relevant information, along with their views and any supporting documentary evidence. Persons will be given a period of 28 days to provide the information and make their submissions. Submissions requested under section 65 are usually made by way of statutory declaration or affidavit. When all parties have made their submissions, the Registrar General will conclude the enquiry and, if he is satisfied that the evidence and submissions so warrant, he will authorise the appropriate amendments to the entry. In certain cases, interested parties will be given an additional 28 days to make further submissions before the amendment takes place. N/B Failing or refusing to co-operate with an enquiry under section 65, without reasonable cause, is an offence under section 69 (8) of the Act and a person guilty of such an offence shall be liable on summary conviction to a fine not exceeding 2,000 or imprisonment for a term not exceeding 6 months or both. 7.4 Paternity Cases In cases where it appears that the man named as the father of a child in an entry is not the biological father or that another man is the father, an application in writing must be made to the Registrar General. This application should provide the name, date and place of birth of the child (so that the entry can be located) and should outline the particulars that require change (i.e. removal of the father s particulars, replacement with those of the biological father (if appropriate) and any amendment to the child s surname). Any documentary evidence (such as DNA Paternity test results or

14 findings of the Courts in relation to parentage) in support of the application may be enclosed with it. Following receipt of the application, the Registrar General will decide whether to conduct an enquiry under section 65. If he decides to do so, the applicant will be contacted in writing and requested to provide the following; A statutory declaration (form will be enclosed) from the mother of the child, stating that the man named as the father in the entry is not the biological father and (if appropriate) stating the identity of the biological father and consenting to the deletion of the particulars of the man registered as the father and (if appropriate) consenting to the inclusion of the biological father s details and citing the evidence upon which her declaration is based (e.g. DNA test results). A statutory declaration (form will be enclosed) from the man named as the father in the entry, stating that he is not the biological father and (if appropriate) stating the identity of the biological father and consenting to the deletion of his particulars and (if appropriate) consenting to the inclusion of the biological father s details and citing the evidence upon which his declaration is based (e.g. DNA test results). (Only if appropriate) A statutory declaration (form will be enclosed) from the biological father, stating that the man named as the father in the entry is not the biological father and confirming that he himself is the biological father and consenting to the deletion of the particulars of the man named as the father in the entry and consenting to the inclusion his own particulars and citing the evidence upon which his declaration is based (e.g. DNA test results). Evidence of Paternity the results if a DNA paternity test of Court Evidential Standard. This means that the chain of control of the DNA samples provided must have been maintained at all times by an independent third party, who can certify that this was the case. Test results based on so-called home testing kits are not be acceptable, as there will be no independent evidence that the samples taken were from the named persons and/or that the integrity of the samples taken was maintained at all times. DNA paternity test samples should be taken from the subjects either by a qualified person attached to a clinic/laboratory, or by a medical practitioner, who personally submits the results for testing and receives the results. In all cases, the qualified person or medical practitioner must certify that the chain of control was maintained at all times. A Court Order, containing findings as to parentage or non-parentage will also be considered as evidence. Administrative forms (will be enclosed) requesting the particulars of the parent or parents, for the purpose of updating the register If appropriate, a consent form (will be enclosed) requesting the consent of the parent or parents to any change to the child s surname that formed part of the original application. Any other relevant views, opinions or evidence that the parties might wish to furnish for consideration by the Registrar General When all parties have made their submissions, the Registrar General will conclude the enquiry and, if he is satisfied that the evidence and submissions so warrant, he will notify all parties of his decision. All parties will be given a period of not less than 28 days in which to give their views on the decision and to furnish any additional or supplementary evidence for consideration. If all parties signify their acceptance of the decision before 28 days have elapsed, the amendment will proceed. If, after 28 days, one or

15 more of the parties has not been heard from, they will be informed in writing that the amendment will be made, without further correspondence, after an additional 28 days have elapsed. All parties will be notified once the amendment has taken place. Note #1; The above procedures were put in place on foot of legal advice received by the Registrar General. It was advised that parentage of a child is a matter of fundamental and constitutional importance at that the utmost care and evidence of the highest standard is required in order to amend details of paternity in an entry. The Registrar General was also advised that the consent of all parties to the requested amendment should be obtained. Where consent is withheld or not forthcoming, it may not be possible to authorise the amendment of the entry. In such cases, the applicant will be advised that a Declaration of Parentage (see section 7.2 above) may be sought in order to effect the amendment requested, as such declarations are binding on the State, irrespective of the lack of consent from any of the parties. Note #2; In addition to amending the entry to remove (and add, if appropriate) the father s particulars, the surname of the child may be amended, if that surname is that of (or part thereof) the surname of the man whose particulars are being removed from the entry. The surname of the child will be determined by the mother, or the mother and the father (by mutual consent) as appropriate. Where the child has established an identity in the existing surname, the Registrar General will consider requests to allow the existing surname to remain. Where the child is old enough to have a view regarding his/her surname (14 years or over), these views will be requested in writing and will be considered. Assumed Identities For a variety of reasons, a parent or parents may have registered the birth of a child using an assumed identity and the child may have been given the assumed surname. In such cases, an application must be made in writing to the Registrar General, detailing the particulars that require amendment. As the circumstances vary in such cases, the procedures for dealing with these applications may vary also, as may the information required by the Registrar General. In general, the following details are required in most cases; A statutory declaration or sworn affidavit from the parent or parents,

16 outlining the circumstances in which the assumed identity came about and was used. Original (Birth and Marriage Certificates (translated and authenticated, if necessary) Original passports and/or other visual identification in assumed names and true identity (translated and authenticated, if necessary) Documentary evidence that the names used relate to one and the same person especially useful are letters from independent third parties, such as Gardai, Immigration, Clergy etc. Documentary evidence that the parent or parents maintained their true identity during the period of usage of the assumed name(s) All other evidence or views in support of the application that the applicant wishes to submit for consideration Administrative forms (will be enclosed) requesting the particulars of the parent or parents, for the purpose of updating the register If appropriate, a consent form (will be enclosed) requesting the consent of the parent or parents to any change to the child s surname that formed part of the original application. In certain circumstances, it may be desirable that the parent or parents provide evidence (such as DNA test results) that they are the biological parent or parents of the child 7.6 Forename cases These are applications for addition of or amendment to the forename of the person to whom the entry refers. There are provisions under section 25 of the Act that allow the parents of a child to add, amend or alter the forename of a child and this may be done locally in Registration Offices. Where the parents are deceased, or otherwise incapable of acting, the matter may be dealt with under section 65. Application must be made in writing to the Registrar General. The following will be required in order to process such applications Administrative forms (will be enclosed) requesting the required particulars, for the purpose of updating the register Proof of usage of the name in childhood, such as a baptismal certificate, or primary school records Evidence of current usage of name N/B: The Registrar General can only amend, add or alter a forename in order to reflect the forenames that were chosen by the parents in childhood and used since then in connection with the child. The provisions of section 65 cannot be used to update an entry in order to reflect a forename that has been chosen or amended in adulthood. In such cases, persons are advised to swear out a deed poll as evidence of the change (see s. 12 below for contact details) 7.7 Marital Status Where a birth is registered, and the marital status of the parents at the time of registration could not be established (either because the parent or parents were unable to produce a copy of a civil marriage

17 certificate, or because the position in relation to legal recognition of the marriage was unclear). In such circumstances, the marital status of the couple is left blank in the entry by the registrar. In some cases, because the father is unable to attend to register the birth, or to give a statutory declaration that he is the father, his particulars would not have been entered at the time of registration. Upon an application in writing from the parent or parents, the Registrar General will require; Administrative forms (will be enclosed) requesting the particulars of the parent or parents, for the purpose of updating the register An original copy (not a photocopy) of a civil marriage certificate (translated and authenticated, if appropriate) In circumstances where the legal recognition of the marriage is uncertain, either a letter from the civil authorities in the country where the marriage took place or a court declaration, made under section 29 of the Family Law Act, 1995, recognising the marriage If the application contains a request to assign the father s surname to the child, a mutual consent form may be required. 7.8 No Qualified Informant Cases that would fall to be dealt with under section 63 of the Act, but that neither a qualified informant, nor 2 credible persons with knowledge of the required particulars can be found, may be referred to the Registrar General. All such cases will be dealt with on their merits and the applicant will be written to detailing any additional requirements or information required by the Registrar General. Section 8. The registration of stillborn children: The registration of stillborn children has taken place since 1 January 1995 and it is possible to register a stillbirth whether the child was born prior to, or since, that date. A separate information leaflet on how to register a stillbirth is available directly from the Registrar of Births, Superintendent Registrar's Office or from the General Register Office. Section 9. General Note on Birth Certificates:

18 There are two forms of a Birth Certificate, a short form and a long form. It should be noted that the long form Certificate will be required for most legal and administrative purposes. To avoid inconvenience you should establish directly with the Agency/Office requiring the Certificate which form will be required. The Registrar or General Register Office cannot advise as to which form of Certificate is appropriate to any given purpose. Section 10. Locations of Registrars of Births: Birth Certificates may be obtained once the registration of the birth has taken place from any Registrar directly. Please note that Certificates of Birth can now be obtained from any registrar's office, regardless of when or where the birth took place. If you have any difficulty in determining the identity or location of a Registrar you should contact the local Superintendent Registrars Office as detailed below for the required information. Click here for list of HSE registration offices Section 11. Fees payable by members of the public: No fee is payable by the public for registering a birth, for late registrations (after 12 months) or re-registrations. However, a fee is applicable for amendment of forename details. In addition, a fee is payable for each Birth Certificate that is requested. The full table of fees charged for the services provided by the registration service are displayed in the Registrar's Office. If a Certificate is required in order to claim a benefit paid by the Department of Social, Community & Family Affairs it may be purchased at a reduced fee. It should be noted that you will be required to provide evidence to the Registrar that Certificates are required for such purpose before they will be supplied at this reduced rate. 12. Useful Address & Telephone Numbers: Organisation Address Contact No.

19 Department of Social, Community & Family Affairs: Child Benefit Section One-Parent Family Allowance Family Income Supplement Maternity Benefit St. Oliver Plunkett Road, Letterkenny, Co. Donegal Pension Services Office, College Road, Sligo. Social Welfare Services Office, Ballinalee Road, Longford. Social Welfare Services Office, Ballinalee Road, Longford (0) or +353 (0) LoCall (0) or +353 (0) (0) or +353 (0) (0) or +353 (0) Information Service +353 (0) Department of Foreign Affairs: Passport Offices The Adoption Board Gingerbread (Organisation for Lone Parents) Treoir Setanta Centre, Molesworth Street, Dublin 2 1 a South Mall, Cork City Shelbourne House, Shelbourne Rd, Dublin 4 Carmichael House, Brunswick St. Dublin 1 Information Service, +353 (0) (General Information only); +353 (0) (0) (0) (0) (0) (Federation of Services for unmarried parents and children) One Family 36 Upr Rathmines Rd, Dublin 6 Cherish House, Irish Stillbirth & Neonatal Death Society Deed Poll Section Oifig an Ard- Chlaraitheora (General Register Office) 2 Lower Pembroke Street, Dublin 2 Carmichael House, Brunswick Street, Dublin 7 The Four Courts, Dublin 7 Government Offices, Convent Road, Roscommon (0) / +353 (0) (0) (0) LoCall: General Note:

20 This leaflet is for public information purpose only and does not represent a legal interpretation of the relevant legislation. If you require further information please contact your local Registrar's Office as per section 9 above. Ta leagan ghaeilge den bhfoirm seo ar fail ach i a iarraidh. This leaflet was issued by Oifig an Ard Chlaraitheora (General Register Office), Roscommon. Home Search About Us Location History Fees Contact Details Apply for Cert Getting Married Registering a Death Registering a Birth Links General Register Office, Government Offices, Convent Road, Roscommon. Tel: +353 (0) LoCall: Fax: +353 (0) Fax: +353 (0)