Status of Children Act , 1987

PART I Preliminary and General

1. Short title and commencement.

1.—(1)This Act may be cited as the Status of Children Act, 1987.

(2)(a)This Part (other than sections 3 and 4) shall come into operation on the passing of this Act and the said sections 3 and 4 shall come into operation one month after such passing.

(b)Parts II to IX shall come into operation six months after the passing of this Act or on such earlier day or days (not being earlier than one month after such passing) as may be fixed therefor by order or orders of the Minister for Justice, either generally or with reference to any particular Part or Parts.

2. Interpretation.

2.—In this Act, a reference to a Part is to a Part of this Act unless the context requires that a reference to some other enactment is intended.

3. Marital status of parents to be of no effect on relationships.

3.—(1)In deducing any relationship for the purposes of this Act or of any Act of the Oireachtas passed after the commencement of this section, the relationship between every person and his father and mother (or either of them) shall, unless the contrary intention appears, be determined irrespective of whether his father and mother are or have been married to each other, and all other relationships shall be determined accordingly.

(2)(a)An adopted person shall, for the purposes of subsection (1) of this section, be deemed from the date of the adoption to be the child of the adopter or adopters and not the child of any other person or persons.

F1[(b) In this subsection‘adopted person’means a person who has been adopted under an adoption order within the meaning ofsection 3(1) of the Adoption Act 2010 or, where the person has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State.]

4. Construction of references to persons whose parents have or have not married each other, etc.

4.—In this Act and in every Act of the Oireachtas passed after the commencement of this section—

(a)a reference, however expressed, to a person whose parents have not married each other shall, unless the contrary intention appears, be construed as including a reference to a person whose parents are or have been married to each other but between whom there has been no subsisting marriage at any time during the period of ten months before the person’s birth, or during the persons’s lifetime, and

(b)a reference, however expressed, to a person whose parents have married each other shall, unless the contrary intention appears, be construed as excluding a reference to a person in respect of whom paragraph (a) of this section applies.

5. Meaning of father, mother, parent in Irish Nationality and Citizenship Acts, 1956 and 1986.

5.—It is hereby declared that, in relation to a child, any reference to “father”, “mother” or “parent” in the Irish Nationality and Citizenship Acts, 1956 and 1986, includes and shall be deemed always to have included the father, mother or parent, as the case may require, who was not married to the child’s other parent at the time of the child’s birth or at any time during the period of ten months preceding the birth.

PART II Amendment of the Act of 1931

6. Definition (Part II).

6.—In this Part “the Act of 1931” means the Legitimacy Act, 1931.

7. Amendment of section 1 of the Act of 1931.

7.—(1)Section 1(2) of the Act of 1931 (which precludes the operation of that Act in the case of a person whose father and mother could not have been lawfully married to one another at the time of his birth or at some time during the period of ten months preceding such birth) is hereby repealed.

(2)In the case of a person to whom this section relates, the Act of 1931 shall have effect as if for the references in sections 1(1) and 5 of that Act to the commencement of that Act there were substituted a reference to the commencement of this Part.

PART III Guardianship

8. Definition (Part III).

8.—In this Part “the Act of 1964” means the Guardianship of Infants Act, 1964.

9. Amendment of section 2 of the Act of 1964.

9.—The Act of 1964 is hereby amended by the substitution for section 2 of the following section:

10. Proof of paternity in certain proceedings.

10.—The Act of 1964 is hereby amended by the insertion after section 3 of the following section:

11. Amendment of section 6 of the Act of 1964.

11.—Section 6 of the Act of 1964 is hereby amended by the substitution of the following subsection for subsection (4):

12. Power of court to appoint certain fathers as guardians.

12.—The Act of 1964 is hereby amended by the insertion after section 6 of the following section:

13. Amendment of section 11 of the Act of 1964.

13.—Section 11 of the Act of 1964 is hereby amended by the substitution of the following subsection for subsection (4):

PART IV Maintenance

14. Definition (Part IV).

14.—In this Part “the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976.

15. Disputed parentage in maintenance proceedings, etc.

15.—Where, in any proceedings before a court relating to the maintenance of a child or the payment of a lump sum in respect of the expenses for the birth or funeral of a child, the making of an order for the purpose of granting such maintenance or the payment of such a lump sum, as the case may be, depends on a finding that a person is a parent of the child, the court shall not in those proceedings make any such order unless it is proved on the balance of probabilities that that person is a parent of the child.

16. Amendment of section 3 of the Act of 1976.

16.—Section 3 of the Act of 1976 is hereby amended in subsection (1)—

(a)by the insertion after the definition of “Court” of the following definition:

(b)by the substitution for the definition of “dependent child of the family” of the following definition:

(c)by the insertion after the definition of “interim order” of the following definition:

(d)by the substitution of the following definition for the definition of “maintenance order”:

and

(e)by the insertion before the definition of “variation order” of the following definition:

17. Amendment of section 5 of the Act of 1976.

17.—Section 5 of the Act of 1976 is hereby amended—

(a)by the insertion in subsection (1) (c)—

(i)of “under this section” after “maintenance order”, and

(ii)of “of the family” after “dependent child” in each place it occurs,

and

(b)by the substitution of the following subsection for subsection (4):

and the said subsection (1) (c), as so amended, is set out in the Table to this section.

TABLE

(c)A maintenance order under this section or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the family and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the family shall be made.

18. Maintenance order (provision for certain dependent children).

18.—The Act of 1976 is hereby amended by the insertion after section 5 of the following section:

19. Amendment of section 6 of the Act of 1976.

19.—Section 6 of the Act of 1976 is hereby amended in subsection (3)—

(a)by the deletion of “of the family” where it first occurs, and

(b)by the substitution of “for the purposes of the order” for “of the family” where it last occurs,

and the said subsection, as so amended, is set out in the Table to this section.

TABLE

(3)That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his attainment of the age of sixteen years or twenty-one years, as the ease may be, and shall be discharged by the Court, on application to it under subsection (1) of this section, if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

20. Orders in respect of certain other agreements.

20.—The Act of 1976 is hereby amended by the insertion after section 8 of the following section:

21. Birth and funeral expenses of dependent child.

21.—(1)The Act of 1976 is hereby amended by the insertion after section 21 of the following section:

(2)Section 64 of the Health Act, 1970, is hereby amended by the substitution of the following subsection for subsection (3):

(3)Section 28 of the Social Welfare (Consolidation) Act, 1981, is hereby amended by the substitution of the following subsection for subsection (2):

22. Amendment of section 23 of the Act of 1976.

22.—Section 23 of the Act of 1976 is hereby amended by the substitution in subsection (1) (inserted by the Courts Act, 1981) of “sections 5, 5A, 6, 7, 9 and 21A” for “sections 5, 6, 7 and 9”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1)Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5, 5A, 6, 7, 9 and 21A of this Act.

23. Amendment of section 24 of the Act of 1976.

23.—Section 24 of the Act of 1976 is hereby amended by the insertion of “or 8A” after “section 8” and by the substitution of “either of those sections” for “that section”, and the said section, as so amended, is set out in the Table to this section.

TABLE

24.—A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 8 or 8A of this Act (in so far as it is deemed under either of those sections to be a maintenance order), or an attachment of earnings order shall be made without deduction of income tax.

24. Amendment of Defence Act, 1954.

24.—(1)The reference in section 98(1)(d) of the Defence Act, 1954, to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).

(2)Section 99 (as extended to women by virtue of sections 2 and 5 of the Defence (Amendment) (No. 2) Act, 1979) of the Defence Act, 1954 (which relates to deductions from the pay of certain members of the Permanent Defence Force in respect of maintenance of a spouse or legitimate children) is hereby amended by the substitution insubsection (1) of “his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under the Adoption Acts, 1952 to 1976)” for “his wife or any of his legitimate children” and of “the spouse or any such children” for “the wife or such legitimate children”.

25. Repeal of the Act of 1930 and consequential provisions.

25.—(1)The Illegitimate Children (Affiliation Orders) Act, 1930 (hereafter in this section referred to as “the Act of 1930”) is hereby repealed.

(2)Any order made by a court under the provisions of the Act of 1930 and in force immediately before the commencement of this Part shall, in so far as such order could have been made under section 5A (inserted by this Part) of the Act of 1976 had it been in operation when that order was made, be deemed for all purposes to be an order made under the said section 5A.

(3)Any proceedings initiated under the provisions of the Act of 1930 and not completed before the commencement of this Part shall, in so far as such proceedings could have been initiated under section 5A of the Act of 1976 had it been in operation at such initiation, be deemed for all purposes to be proceedings under the said section 5A and may be continued accordingly.

(4)Subsections (2) and (3)of this section are without prejudice to any proceedings initiated, or any order or part of such order made, under the Act of 1930 to which those subsections do not relate.

PART V Property Rights

26. Definition (Part V).

26.—In this Part “the Act of 1965” means the Succession Act, 1965.

27. Construction of dispositions, etc.

27.—(1)In any disposition (including a disposition creating an entailed estate) made after the commencement of this Part, references, however expressed, to relationships between persons shall be construed in accordance with section 3 of this Act.

(2)The following provisions of section 3 of the Legitimacy Act, 1931, namely—

(a)subsection (1) (b) (which relates to the effect of dispositions where a person has been legitimated),

(b)subsection (1) (c) (which relates to the effect of legitimation on entailed estates), and

(c)subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation),

shall not apply—

(i)in the case of the said subsection (1) (b), to a disposition made after the commencement of this Part,

(ii)in the case of the said subsection (1) (c), in relation toany entitlement under an entailed estate created by a disposition made after the commencement of this Part, and

(iii)in the case of the said subsection (2), in relation to any right conferred by a disposition made after the commencement of this Part,

except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons.

(3)For the purpose of any property right to which this section or section 4A (inserted by this Act) of the Act of 1965 relates, F2[section 60of the Adoption Act 2010 (which relates to the property rights of persons adopted under the Adoption Act 2010)] shall be construed as applying also to any person adopted outside the State whose adoption is recognised by virtue of the law for the time being in force in the State.

(4)(a)Subject to paragraph (b) of this subsection, this section is without prejudice to F2[section 60 (as construed in accordance with subsection (3) of this section) of the Adoption Act 2010]

(b)An adopted person shall, unless the contrary intention appears, be entitled to take under a disposition made after the commencement of this Part in the same manner as he would have been entitled to so take if, at the date of the adoption order, he had been born in lawful wedlock to the person or persons who so adopted him.

(5)Any rule of law that a disposition in favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy is hereby abrogated as respects such dispositions made after the commencement of this Part.

(6)In relation to any disposition made before the commencement of this Part—

(a)nothing in this section shall affect the operation or construction of, or any entitlement under, any disposition so made, and

(b)where such a disposition creates a special power of appointment, nothing in this section shall be interpreted as extending the class of persons in whose favour the appointment may be make so as to include any person who is not a member of that class.

(7)(a)In this section “disposition” means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil.

(b)Notwithstanding any rule of law, a disposition made by will or codicil executed before the commencement of this Part shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.

28. Amendment of section 3 of the Act of 1965.

28.—Section 3 of the Act of 1965 is hereby amended—

(a)by the insertion in subsection (1) after the definition of “an intestate” of the following:

and

(b)by the insertion of the following subsection after subsection (1):

29. Succession rights.

29.—The Act of 1965 is hereby amended by the insertion after section 4 of the following section:

30. Entitlement to grant of probate or administration.

30.—The Act of 1965 is hereby amended by the insertion after section 27 of the following section:

31. Amendment of section 117 of the Act of 1965.

31.—Section 117 of the Act of 1965 is hereby amended by the insertion of the following subsection after subsection (1):

32. Repeals relating to property rights.

32.—The provisions of the following enactments are hereby repealed to the extent specified:

(a)in the Provident Nominations and Small Intestacies Act, 1883, section 8;

(b)in the Savings Banks Act, 1887, the words “, or in case of any illegitimacy of the deceased person or his children, to or among such person or persons as may be directed by the said regulations,” in section 3 (2);

(c)in the Superannuation Act, 1887, the words “, or in case of the illegitimacy of the deceased person or his children, to or among such persons as the department may think fit,” in section 8;

(d)in the Industrial and Provident Societies Act, 1893, section 27 (2);

(e)in the Friendly Societies Act, 1896, section 58 (2);

(f)in the Legitimacy Act, 1931, sections 1(3) and 9;

(g)in the Local Government (Superannuation) Act, 1956, the words “or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit,” in section 61 (1) (e);

(h)in the Act of 1965, section 110.

PART VI Declarations of Parentage

33. Definitions (Part VI).

33.—In this Part—

F3[‘adopted person’has the same meaning as in section 3(2)(b) of this Act;]

“the Court” means the Circuit Court;

“prescribed” means prescribed by rules of court.

34. Jurisdiction and venue (Part VI).

34.—(1)The Court shall have jurisdiction to grant a declaration under this Part.

(2)The jurisdiction conferred on the Court by this section shall be exercised by the judge of the circuit where any party to the proceedings ordinarily resides or carries on any profession, business or occupation or, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, by a judge assigned to the Dublin Circuit.

(3)The jurisdiction conferred by this section is in addition to any other jurisdiction to grant a declaration of parentage or to make an order which has the effect of such a declaration.

35. Declaration of parentage.