Civil Registration Act 2004

AN ACT TO PROVIDE FOR THE REORGANISATION, MODERNISATION AND NAMING OF THE SYSTEM (TO BE KNOWN AS THE CIVIL REGISTRATION SERVICE OR, IN THE IRISH LANGUAGE, AN tSEIRBHÍS UM CHLÁRÚ SIBHIALTA) OF REGISTRATION OF BIRTHS, STILLBIRTHS, ADOPTIONS, MARRIAGES AND DEATHS (INCLUDING CERTAIN BIRTHS AND DEATHS OCCURRING OUTSIDE THE STATE), TO PROVIDE FOR THE EXTENSION OF THE SYSTEM TO DECREES OF DIVORCE AND DECREES OF NULLITY OF MARRIAGE AND FOR THOSE PURPOSES TO REVISE THE LAW RELATING TO THE SYSTEM, TO AMEND THE LAW RELATING TO MARRIAGES AND TO PROVIDE FOR RELATED MATTERS. [27th February, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Civil Registration Act 2004.

• (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 4 to different statutory provisions specified in the Second Schedule.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1844” means the Marriages (Ireland) Act 1844;

“the Act of 1863” means the Registration of Births and Deaths (Ireland) Act 1863;

F1["Act of 2005" means the Social Welfare Consolidation Act 2005;]

F2["Act of 2010" means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

F3["Act of 2015" means the Gender Recognition Act 2015;]

F4[F5[…]]

F6["Act of 2019" means the Civil Law (Presumption of Death) Act 2019;]

“the Acts” means the Births and Deaths Registration Acts 1863 to 1996;

F7[…]

“Ard-Chláraitheoir” shall be construed in accordance with section 7;

“authorised officer” shall be construed in accordance with section 17(10);

F8[…]

“birth” does not include stillbirth;

F2["civil partner" has the meaning assigned to it by the Act of 2010;]

F9["civil partnership of convenience" means a civil partnership where at least one of the parties to the civil partnership—

• (a) at the time of entry into the civil partnership is a foreign national, and

• (b) enters into the civil partnership solely for the purpose of securing an immigration advantage for at least one of the parties to the civil partnership;]

F2["civil partnership registration" means registration under section 59D;]

“Civil Registration Service” shall be construed in accordance with section 8;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Acts 1956 to 1996;

F2["civil status" means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;]

F9["cohabitant" shall be construed in accordance with section 172 of the Act of 2010;]

F10["decree of divorce" has the meaning assigned to it by the Family Law (Divorce) Act 1996;]

F2["dissolution" means dissolution of a civil partnership under section 110 of the Act of 2010;]

F4["donor-conceived child" has the same meaning as it has in Part 2 of the F11[Children and Family Relationships Act 2015];]

F9["enactment" means—

• (a) an Act of the Oireachtas,

• (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

• (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);]

“event” means a birth, stillbirth, F7[…], F7[…], marriage, death, decree of F12[divorce, decree of nullity, civil partnership registration or dissolution], occurring or granted anywhere in the State or a birth to which section 26 or 27 applies or a death to which section 38 or 39 applies and includes a birth, stillbirth, adoption, foreign adoption, marriage or death that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

F9["evidence" includes documentary evidence;]

F13["Executive" means the Health Service Executive;]

F7[…]

F9["foreign national" means a person who is neither an Irish citizen, nor a citizen of a member state;]

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F3["gender recognition certificate" has the meaning assigned to it by the Act of 2015;]

F8[…]

F9["immigration advantage" means a determination in a person’s favour by or on behalf of the Minister for Justice and Equality of any question relating to the grant of a visa to, or the entry into, presence in or removal from the State of a foreign national or any determination of a right to enter or reside in the State pursuant to the—

• (a) European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977),

• (b) European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or

• (c) European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006);]

F9["immigration status" means entitlement of a person to reside in the State and the basis for that entitlement;]

F9["marriage of convenience2 means a marriage where at least one of the parties to the marriage—

• (a) at the time of entry into the marriage is a foreign national, and

• (b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage;]

“Minister” means Minister for Health and Children;

F6["missing person" has the same meaning as missing person in section 2 of the Act of 2019;]

“Oifig an Ard-Chláraitheora” shall be construed in accordance with section 12;

F4["parent", in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the F11[Children and Family Relationships Act 2015];]

“personal public service number” has the meaning assigned to it by the Social Welfare (Consolidation) Act 1993;

“prescribed” means prescribed by regulations made by the Minister;

F6["presumed death" means a presumed death where a presumption of death order has been made under section 5 of the Act of 2019;]

“qualified informant” in relation to a birth or death, shall be construed in accordance with section 19 or 37, as may be appropriate;

“registered medical practitioner” means a person who is registered or entitled to be registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978;

“registrar”—

• (a) in relation to a marriage or intended marriage or the register of marriages, means a registrar within the meaning of section 17,

• F14[(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,]

• (b) in relation to a birth or stillbirth, a newborn child found abandoned or a death or the register of births, the register of stillbirths or the register of deaths, a registrar within the meaning of section 17,

• (c) F7[…]

• (d) in relation to a decree of divorce or the register of decrees of divorce, means the Courts Service F15[,]

• F16[(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

• (f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

• (g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,]

and references to a registrar include references to a person authorised by the registrar to act on the registrar’s behalf and to the successor of the registrar;

F13["registration area" shall be construed in accordance with section 15(1) and (2A);]

“repealed enactments” means the enactments repealed by section 4;

“the required particulars” means—

• F17[(a) in relation to a birth or a living new born child found abandoned, the particulars specified in Part 1 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;

• (b) in relation to a stillbirth the particulars specified in Part 2 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;]

• (c) F7[…]

• (d) F7[…]

• F17[(e) in relation to a death, the particulars specified in Part 5 of the First Schedule in relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased;]

• F6[(f) in relation to a presumed death, the particulars specified in Part 5B of that Schedule;]

F18["scheme" means a scheme approved under section 14;]

“signature” includes an electronic signature within the meaning of the Electronic Commerce Act 2000 and cognate words shall be construed accordingly;

F19["stillborn child" means—

• (a) a child who, at birth—

• (i) weighs not less than 400 grammes, or

• (ii) has a gestational age of not less than 23 weeks,

and shows no sign of life, and

• (b) in the case of a multiple pregnancy, where one of the children is a "stillborn child" within the meaning of paragraph (a), any other child who, at birth—

• (i) weighs not less than 200 grammes, and

• (ii) shows no signs of life,

and any reference to "stillbirth" or "stillborn" shall be construed accordingly;]

“Superintendent Registrar” shall be construed in accordance with section 17.

• (2) For the purposes of this Act there is an impediment to a marriage if—

• (a) the marriage would be void by virtue of the Marriage Act 1835 as amended by the Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921,

• (b) one of the parties to the marriage is, or both are, already married,

• F20[(c) one or both of the parties to the intended marriage will be under the age of 18 years on the date of solemnisation of the intended marriage and an exemption from the application of section 31(1)(a) of the Family Law Act 1995 in relation to the marriage was not granted under section 33 of that Act—

• (i) prior to the coming into operation of subsection (1) of section 45 of the Domestic Violence Act 2018, or

• (ii) in accordance with subsection (2) of section 45 of that Act.]

• F21[(d) one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity (within the meaning of the Assisted Decision-Making (Capacity) Act 2015) to consent to the marriage,]

• (e) F22[…]

• F23[(f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil F24[partnership,]]

• F25[(g) the marriage would constitute a marriage of F24[convenience, or]]

F26[F24[(h)] the marriage would be void by virtue of section 2A.]

• F27[(2A) F28[…]

• (2B) F28[…]]

• (3) In this Act—

• (a) a reference to a birth, stillbirth, F7[…] marriage or death includes a reference to such an event that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

• (b) a reference to a section, Part or Schedule is a reference to a section, Part or Schedule of or to this Act, unless it is indicated that a reference to some other provision is intended;

• (c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended;

• (d) a reference to any enactment or instrument made under statute is a reference to that enactment or instrument as amended, adapted or extended at any time by any enactment or instrument made under statute.

2A. F31[Prohibited degrees of relationship

2A.—(1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.

• (2) A marriage purported to be solemnised which contravenes a prohibition referred to in subsection (1) shall be void.]

2B. F32[No impediment where subsisting civil partnership with each other

2B.—There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.]

3. Regulations.

3.—(1) The Minister may make regulations—

• (a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act,

• (b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed,

• (c) generally for the purpose of giving effect to this Act.

• (2) If in any respect any difficulty arises during the period of two years from the commencement of this section in bringing this Act into operation, the Minister may, by regulations made by him or her, do anything which appears to be necessary or expedient for bringing this Act into operation.

• (3) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

• (4) A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Repeals.

4.—The enactments specified in the Second Schedule are repealed to the extent specified in column 3 of that Schedule.

5. Transitional provisions.

5.—(1) In so far as any order, regulation, rule, agreement, application, decision or reference or order of a court made, approval, consent, notification, notice or direction given or served, requirement imposed, certificate, form or other instrument issued or given, register or index maintained, resolution passed, particulars given, application made or other thing done under an enactment repealed by section 4 could have been made, given, imposed, issued, maintained, passed, served or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by section 4 but, except in so far as this Act otherwise provides, shall have effect as if made, given, imposed, issued, maintained, passed, served or done under that corresponding provision.

• (2) Where any document refers to an enactment repealed by this Act and provision is made by this Act corresponding to that enactment, then, unless the context otherwise requires, that reference shall be construed as or, as the case may be, as including a reference to the corresponding provision of this Act.

• (3) Nothing in this Act affects the validity of a marriage duly solemnised before the commencement of Part 6.

6. Expenses of Minister and Minister for Finance.

6.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

• (2) The expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of monies provided by the Oireachtas.

PART 2 Administration

7. Ard-Chláraitheoir.

7.—(1) The office of an tArd-Chláraitheoir provided for by section 4 of the Act of 1863 shall continue in existence after the commencement of this section notwithstanding the repeals effected by this Act, but the office shall be known as an tArd-Chláraitheoir an tSeirbhís um Chlárú Sibhialta and the person holding the office shall be known as an tArd-Chláraitheoir and is referred to in this Act as an tArd-Chláraitheoir.

• (2) An tArd-Chláraitheoir shall be a person appointed to that office by the Minister from among his or her officers.

• (3) An tArd-Chláraitheoir shall be a civil servant.

• (4) A person appointed to be an tArd-Chláraitheoir shall hold office for a period of F33[3] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this subsection) for such further period not exceeding F33[3] years as he or she considers appropriate.

• (5) A person appointed to be an tArd-Chláraitheoir shall, subject to subsection (4), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

• F34[(5A) A person appointed to be an tArd-Chláraitheoir may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.]

• (6)
• (a) The Minister may remove an tArd-Chláraitheoir from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir is incapable by reason of ill-health of performing his or her functions, or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

• (b) If an tArd-Chláraitheoir is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

• (7) The person who immediately before the commencement of this section held the offices of an tArd-Chláraitheoir shall upon such commencement, be deemed to have been appointed under this section to be an tArd-Chláraitheoir upon terms and conditions equivalent to those upon which he or she held those offices and subsections (4) and (5) do not apply to that person.

• (8) The functions of the office of an tArd-Chláraitheoir (being the office provided for by section 52 of the Act of 1844) are transferred to and shall be performed by an tArd-Chláraitheoir.

• (9) References in any statute or any instrument made under any statute passed or made before the commencement of this section, or in any other document in existence immediately before such commencement, to the office of an tArd-Chláraitheoir provided for by section 52 of the Act of 1844 shall, upon such commencement, be construed as references to an tArd-Chláraitheoir.

8. Functions of Ard-Chláraitheoir.

8.—(1) The principal functions of an tArd-Chláraitheoir are—

• (a) to maintain, manage and control the system of registration (which shall be known as the Civil Registration Service) established by the repealed enactments of births, stillbirths, F35[…] deaths and marriages, wherever occurring in the State, and of births to which section 26 or 27 applies and deaths to which section 38 or 39 applies,

• (b) to extend the Civil Registration Service to decrees of divorce, and decrees of nullity F36[of marriage], wherever granted in the State,

• F37[(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,

• (bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,]

• (c) where appropriate, to modify and adapt the Civil Registration Service so as to provide for changing needs and circumstances (including the use of electronic or other information technology) in relation to the Service,

• (d) for the purposes of the Civil Registration Service, where appropriate, to maintain, adapt, modify and enlarge the registers, indexes and other records established and maintained under the repealed enactments,

• (e) to establish and maintain registers and indexes for the purposes of the registration of decrees of divorce and decrees of nullity F38[of marriage],

• F39[(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,

• (eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,]

• F40[(eeee) to establish and maintain a register and index for the purpose of the registration of gender recognition,]

• F41[(eeeee) to establish and maintain a register and index for the purpose of the registration of presumed deaths,]

• F42[(eeeeee) to establish and maintain a register and index for the purpose of the registration of the particulars to which section 30I applies,]

• (f) to monitor the operation of this Act,

• (g) to make recommendations to the Minister on any measures that are estimated to cost in excess of such amount as may be specified by the Minister from time to time and are, in the opinion of an tArd-Chláraitheoir, necessary to achieve and maintain appropriate standards of efficiency in the Civil Registration Service and, subject to the consent of the Minister, to implement those measures or, instead of or in addition to them, such measures as the Minister may specify in relation to those standards,

• (h) to publish guidelines to F43[Superintendent Registrars and registrars] (within the meaning of section 17) on the operation of this Act,

• (i) to initiate and prosecute proceedings in relation to summary offences under this Act or any of the repealed enactments, and

• (j) to perform any other functions conferred on him or her by the Minister under subsection (3).

• (2) For the purposes of the foregoing and notwithstanding the repeals effected by section 4, the system of registration of births, stillbirths, F44[deaths and marriages] established and maintained under the repealed enactments shall continue in existence after the commencement of that section but may, if and whenever an tArd-Chláraitheoir considers it appropriate to do so, be adapted, modified or enlarged by him or her and, accordingly, the registers, indexes and other records established and maintained under the system shall also continue in existence after such commencement.

• (3) The Minister may, by regulations, confer on an tArd-Chláraitheoir such additional functions in relation to the Civil Registration Service as he or she considers appropriate.

• (4) An tArd-Chláraitheoir shall be independent in the performance of his or her functions F45[, including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010].

• (5) An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions F46[, including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010].

• (6) An tArd-Chláraitheoir may delegate such of his or her functions F47[, including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010] as he or she considers appropriate to a member of his or her staff.

8A. F49[Performance of functions of registrar and Superintendent Registrar by staff of Ard-Chláraitheoir in certain exceptional circumstances

8A.—(1) A Superintendent Registrar of a registration area may make a request in writing to an tArd-Chláraitheoir (in this section referred to as a "request") that an tArd-Chláraitheoir issue a direction (in this section referred to as a "direction") that the relevant functions of registrars and Superintendent Registrars in the registration area to which the request relates are to be performed in accordance with this section.

• (2) Where an tArd-Chláraitheoir receives a request under subsection (1), he or she shall issue a direction in relation to a registration area where he or she is satisfied that—

• (a) it is appropriate to do so in the circumstances, and

• (b) it is necessary to do so in order to prevent, limit, minimise or slow the spread of infection of Covid-19.

• (3) Where an tArd-Chláraitheoir issues a direction in relation to a registration area—

• (a) any relevant functions of a registrar or Superintendent Registrar of the registration area to which the direction relates shall be performed by such members of staff of an tArd-Chláraitheoir as an tArd-Chláraitheoir may specify, and

• (b) a reference in a relevant provision—

• (i) to a registrar or to a Superintendent Registrar shall be read as a reference to a member of staff of an tArd-Chláraitheoir specified under paragraph (a), and

• (ii) to an tArd-Chláraitheoir shall, notwithstanding section 8(6), be read as a reference to an tArd-Chláraitheoir.

• (4) A direction shall specify—

• (a) the day on which it comes into effect, and

• (b) the day on which it shall cease to have effect,

and, subject to subsection (5), the direction shall cease to have effect in relation to the registration area on the latter date.

• (5) Notwithstanding the date on which a direction is specified to cease to have effect under subsection (4), a direction shall cease to have effect upon the earlier of—

• (a) such date as may be specified by an tArd-Chláraitheoir in a written notice to the Superintendent Registrar of the registration area to which the direction relates, or

• (b) the date on which this section ceases to be in operation in accordance with subsections (6) or (7), as the case may be.

• (6) This section shall, subject to subsections (7) and (8), continue in operation until 31 May 2020.

• (7) The Government—

• (a) at the request of the Minister for Employment Affairs and Social Protection,

• (b) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and

• (c) having had regard to the matters referred to in subsection (9),

may, from time to time, by order declare that the period of time specified in subsection (6) shall continue in operation for such period or periods as may be specified in the order concerned.

• (8) An order under subsection (7) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (9) When making an order under subsection (7), the Government shall have regard to the following:

• (a) the nature and potential impact of Covid-19 on individuals, society and the State;

• (b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;

• (c) measures taken in order to comply with, or as a consequence of, Government policy;

• (d) the need to ensure the most beneficial, effective and efficient use of resources;

• (e) the need to ensure the continuity of a well-functioning registration service.

• (10) In this section—

"Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

"relevant function" means a function of a registrar or a Superintendent Registrar under a relevant provision;

"relevant provision" means Part 3 or Part 5.]

9. Ard-Chláraitheoir Cúnta.

9.—(1) There shall stand established the office of an tArd-Chláraitheoir Cúnta an tSeirbhís um Chlárú Sibhialta and the person holding the office is referred to in this Act as an tArd-Chláraitheoir Cúnta.

• (2) An tArd-Chláraitheoir Cúnta shall be a person appointed to that office by the Minister from among his or her officers.

• (3) An tArd-Chláraitheoir Cúnta shall be a civil servant.

• (4) Subject to subsection (5), an tArd-Chláraitheoir Cúnta shall have and may perform such functions as may be determined by the Minister from time to time and shall be subject to the general control and supervision of an tArd-Chláraitheoir.

• (5) During a period of absence or incapacity of an tArd-Chláraitheoir or when there is a vacancy in that office, an tArd-Chláraitheoir Cúnta shall have and may perform all the functions of an tArd-Chláraitheoir.

• (6) A person appointed to be an tArd-Chláraitheoir Cúnta shall hold office for a period of F50[3] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this section) for such further period not exceeding F50[3] years as he or she considers appropriate.

• (7) A person appointed to be an tArd-Chláraitheoir Cúnta shall, subject to subsections (6) and (9), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

• F51[(7A) A person appointed to be an tArd-Chláraitheoir Cúnta may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.]

• (8)
• (a) The Minister may remove an tArd-Chláraitheoir Cúnta from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir Cúnta is incapable by reason of ill-health of performing his or her functions or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

• (b) If an tArd-Chláraitheoir Cúnta is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

• (9) If, immediately before the commencement of this section, a person stands appointed under section 10 of the Act of 1863 as assistant to an tArd-Chláraitheoir, he or she shall upon, such commencement, stand appointed to the office of an tArd-Chláraitheoir Cúnta and shall hold that office upon terms and conditions equivalent to those upon which he or she held the office of such assistant and subsections (6) and (7) shall not apply to him or her.

10. Staff of Ard-Chláraitheoir.

10.—(1) The Minister, after consultation with an tArd-Chláraitheoir and with the consent of the Minister for Finance, may appoint, upon and subject to such terms and conditions as the Minister may determine, after the consultation and with the consent aforesaid, at the time of the appointment, such and so many officers of the Minister to be members of the staff of an tArd-Chláraitheoir as he or she considers necessary, and persons so appointed shall continue to be civil servants.

• (2) Persons who were members of the staff of an tArd-Chláraitheoir who is referred to in section 52 of the Act of 1844 or section 4 of the Act of 1863 immediately before the commencement of this section shall, upon such commencement, become and be members of the staff of an tArd-Chláraitheoir upon terms and conditions equivalent to those that applied to their employment immediately before such commencement and shall continue to be civil servants.

11. Annual report.

11.—(1) An tArd-Chláraitheoir shall, not later than 30 June in each year, beginning with the year 2005, prepare a report in writing (in this section referred to as “the report”) on the operation of this Act in the preceding year and shall furnish a copy of it to the Minister.

• (2) The report shall, if the Minister so directs, include information in such form and regarding such matters as he or she may specify.

• (3) The Minister shall cause copies of the report to be laid before each House of the Oireachtas.

• (4) An tArd-Chláraitheoir may prepare such other reports (if any) in writing in relation to matters concerning the Civil Registration Service as the Minister may request or an tArd-Chláraitheoir considers appropriate and furnish copies of them to the Minister.

12. Oifig an Ard-Chláraitheora.

12.—(1) The office entitled Oifig an Ard-Chláraitheora provided under section 4 of the Act of 1863 shall continue in existence notwithstanding the repeals effected by this Act.

• (2) Registers and indexes maintained by an tArd-Chláraitheoir under this Act shall be kept in Oifig an Ard-Chláraitheora or in such other place as an tArd-Chláraitheoir may direct with the approval of the Minister.

• (3) An tArd-Chláraitheoir shall, as soon as may be, arrange for the provision of a seal for Oifig an Ard-Chláraitheora which shall be authenticated by the signature of an tArd-Chláraitheoir or a member of his or her staff duly authorised in that behalf by an tArd-Chláraitheoir.

• (4) The seal of Oifig an Ard-Chláraitheora shall be judicially noticed and every instrument purporting to be made by Oifig an Ard-Chláraitheora and to be sealed with its seal (purporting to be authenticated in accordance with subsection (3)) shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

• (5) The functions of the Office entitled Oifig an Ard-Chláraitheora provided under section 52 of the Act of 1844 are transferred to and may be performed by Oifig an Ard-Chláraitheora.

• (6) References in any statute or any instrument made under statute passed or made before the commencement of this section or in any document in existence immediately before such commencement to Oifig an Ard-Chláraitheora referred to in subsection (5) shall be construed as references to Oifig an Ard-Chláraitheora.

13. Registers.

13.—(1) There shall be established, where appropriate, and maintained by an tArd-Chláraitheoir—

• (a) a register of all births occurring in the State or to which section 26 or 27 applies (which shall be known, and is referred to in this Act, as the register of births),

• (b) a register of all stillbirths occurring in the State (which shall be known, and is referred to in this Act, as the register of stillbirths),

• (c) F52[…]

• (d) a register of all deaths occurring in the State or to which section 38 or 39 applies (which shall be known, and is referred to in this Act as the register of deaths),

• (e) a register of all marriages taking place in the State (which shall be known, and is referred to in this Act, as the register of marriages),

• (f) a register of all decrees of divorce (which shall be known, and is referred to in this Act, as the register of F53[decrees of divorce),]

• F54[(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),

• (h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),

• (i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of F55[dissolution),]

• (j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of F56[decrees of nullity of civil partnerships),]]

• F57[(k) a register of gender recognition (which shall be known, and is referred to in this Act, as the F56[the register of gender recognition),]]

• F58[(l) a register of all presumed deaths where a presumption of death order has been made under section 5 of the Act of 2019 (which shall be known, and is referred to in this Act as F56[the register of presumed deaths), and]]

• F59[(m) a register of particulars to which section 30I applies (which shall be known as the register under Part 3B of the Civil Registration Act 2004 , and is referred to in this Act as the register under Part 3B).]

• (2) A register formerly maintained under the repealed enactments shall be deemed, for the purposes of subsection (1) and the other provisions of this Act, to be part of the appropriate register.

• (3) A register may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the register.

• (4) Evidence of an entry in a register F60[, other than the register of gender recognition,] and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir, a person authorised in that behalf by an tArd-Chláraitheoir, a Superintendent Registrar, an authorised officer or a registrar.

• (5) F52[…]

• (6) An tArd-Chláraitheoir may give a direction in writing to a registrar (within the meaning of section 17) or other person who holds a marriage register book provided under the repealed enactments to deliver the book or a copy of it to an authority specified in the direction not later than 28 days from the date of the direction.

• (7) In subsections (2) to (4), “register” means a register maintained under subsection (1).

14. Schemes.

14.—F62[(1) As soon as may be after the appointment of the first Superintendent Registrar of a registration area, he or she shall prepare a scheme in writing for the administration of the Civil Registration Service in that area and shall, after it has been approved by the Executive, submit the scheme to the Minister.]

• (2) When a scheme or a scheme under subsection (3) is submitted to the Minister, he or she may, after consultation with an tArd-Chláraitheoir, approve of it or refuse to approve of it or request the Superintendent Registrar concerned to make specified amendments, or amendments in relation to specified matters, to the scheme and then re-submit the amended scheme to the Minister for his or her approval.

• (3)
• (a) A scheme may be amended or revoked by a scheme under this subsection prepared by the Superintendent Registrar F62[of the registration area concerned].

• (b) A scheme under this subsection shall, after it has been approved by F62[the Executive], be submitted to the Minister.

• (4) A scheme or a scheme under subsection (3) shall be subject to the approval of F62[the Executive].

• (5) A scheme may contain such incidental, supplementary and consequential provisions as appear to F62[the Executive] to be necessary or expedient for the purposes of the scheme.

• (6) The Minister may, in consultation with an tArd-Chláraitheoir and F62[the Executive], review the operation of a scheme that has been approved by the Minister or a scheme under subsection (3) that has been so approved (except in so far as it revokes another scheme) and may, having regard to the results of the review and after the consultation aforesaid, request the Superintendent Registrar concerned to make specified amendments, or amendments in relation to specified matters, to the scheme or to revoke it and prepare another scheme.

• F62[(7) Without prejudice to the generality of subsection (1), a scheme shall specify in relation to a registration area—

• (a) the number of registrars required for the purpose of the performance of the Executive's functions within that area,

• (b) the number of other employees required for that purpose,

• (c) the locations within that area of the offices of the Executive,

• (d) the proposed functions of, and distribution of functions between, the registrars and employees assigned pursuant to the scheme,

• (e) particulars of the proposed conditions of employment of the registrars and employees assigned pursuant to the scheme, and

• (f) particulars or provisions in relation to any other matter standing specified for the time being by the Minister.]

• (8) When a scheme or a scheme under subsection (3) is approved by the Minister, it shall have effect in accordance with its terms and the functions of F62[the Executive in relation to the registration area concerned] shall be performed in accordance with any relevant provisions of the scheme or the scheme under subsection (3).

• (9) A scheme or a scheme under subsection (3) shall come into operation on such day or days as may be specified in it either generally or with reference to any particular purpose or provision and different days may be so specified for different purposes or different provisions.

• (10) In this section “registrar” means a registrar within the meaning of section 17.

15. Local registration authorities.

15.—F63[(1) Each functional area of the Health Service Executive shall, subject to subsection (2A), be a registration area for the purposes of this Act.

• (2) After consulting with an tArd Chláraitheoir, the Executive shall assign a name to each registration area.

• (2A) The Executive may, with the consent of an tArd Chláraitheoir, redefine for the purposes of this Act the boundaries of any of its functional areas, and, if it does so, that functional area as redefined shall be a registration area for those purposes.]

• F64[(3) Under the overall management, control and supervision of an tArd Chláraitheoir, the Executive shall, in accordance with the provisions of the relevant scheme, manage, control and administer, through the Superintendent Registrar of each registration area, the Civil Registration Service in that area and perform in the area the other functions conferred on it by or under this Act.]

• (4) An tArd-Chláraitheoir may give a direction in writing to F64[the Executive] in relation to F65[…] management, control and administration, of the Civil Registration Service in F64[a registration area], and F64[the Executive] shall comply with a direction given to it under this subsection.

• F64[(5) The Executive shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year in respect of each registration area and shall submit a copy of it to an tArd Chláraitheoir.]

16. Financial provisions relating to authorities.

16.—(1) F66[…]

• (2) F67[Accounts of the Executive relating to each scheme] shall be audited by the Comptroller and Auditor General.

• (3) F66[…]

17. Staff of authorities.

17.—F68[(1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chláraitheoir, shall—

• (a) appoint, in respect of each registration area, an employee of the Executive as the chief officer of that area to be known as the Superintendent Registrar,

• (b) appoint such number of employees of the Executive as registrars of births, stillbirths, F69[deaths, marriages and civil partnerships] and assign them to each registration area, and

• (c) assign such number of other employees to each registration area,

as it considers necessary for the performance of its functions.

• (2) The appointment and assignment of a registrar under paragraph (b) and the assignment of an employee under paragraph (c) of subsection (1) to a registration area shall be in accordance with the scheme relating to the area.

• (3) The Superintendent Registrar of a registration area shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and direction of the Executive in that area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the Executive.]

• (4) A registrar shall have and perform F68[in the registration area to which he or she is assigned] functions corresponding as nearly as may be to those standing conferred immediately before the commencement of this section on a registrar appointed under the repealed enactments and any other functions conferred on him or her by or under this Act (including F68[a scheme relating to that area]).

• (5) A registrar or an authorised officer shall, in the performance of his or her functions, be subject to the supervision of the Superintendent Registrar of F68[the registration area to which the registrar or officer is assigned] and shall comply with any directions given to him or her under subsection (6).

• F68[(6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area.]

• F70[(6A) A Superintendent Registrar of a registration area, with the consent of the Executive given following consultation with an tArd-Chláraitheoir, may designate in writing a registrar assigned to that registration area to perform the functions of the Superintendent Registrar referred to in the designation in the absence (other than where the position of the Superintendent Registrar is vacant) of the Superintendent Registrar.

• (6B) A registrar designated under subsection (6A) shall be accountable to the Superintendent Registrar concerned for the performance of the functions referred to in the designation.

• (6C) The Superintendent Registrar shall be accountable to the Executive for the performance of the functions designated under subsection (6A).

• (6D) The Superintendent Registrar, with the consent of the Executive, may in writing revoke a designation under subsection (6A).]

• (7) The Minister may, by regulations, confer on registrars such (if any) additional functions as he or she considers appropriate for the purposes of this Act.

• (8) Subject to subsection (9), a registrar or other officer appointed after the commencement of this section shall hold office upon such terms and conditions as may be determined by F68[the Executive] at the time of the appointment.

• F68[(9) A person holding office under this section (including a Superintendent Registrar and a registrar) may be removed from office by the Executive if, in its opinion, the person is incapable by reason of ill health of performing the functions of the office or has committed stated misbehaviour or his or her removal from office appears to the Executive to be necessary for the effective performance of the functions of the office.]

• (10)
• F68[(a) The Executive may appoint any of its employees to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act and shall assign such officers to a registration area.]

• (b) An authorised officer, when exercising a power under this Act shall, if so requested by a person affected, produce to the person evidence in writing of his or her appointment as an authorised officer.

• (11) A person holding office as a registrar of births, stillbirths, deaths and marriages immediately before the commencement of this section shall, upon such commencement, be deemed to have been appointed under this section as a registrar upon terms and conditions equivalent to those upon which he or she held the office aforesaid immediately before such commencement.

• (12) A reference in any statute passed before the commencement of this section or in any instrument made under such a statute to a Superintendent Registrar or a registrar of births, stillbirths, deaths and marriages shall be construed as a reference to a Superintendent Registrar appointed under this section or a registrar, as the case may be, and, accordingly, a function standing vested in Superintendent Registrars or registrars of births, stillbirths, deaths and marriages immediately before such commencement under a provision of such a statute or instrument that continues in force after such commencement shall, upon such commencement, stand vested in Superintendent Registrars appointed under this section or registrars, as the case may be, and may be performed by, such a Superintendent Registrar or by a registrar, as the case may be.

• (13) In this section “registrar” means a registrar of births, stillbirths, deaths F69[, marriages and civil partnerships] appointed under this section.

PART 3 Registration of Births and Stillbirths

18. “the register” (Part 3).

18.—In this Part, “the register” means, as the context requires, the register of births or the register of stillbirths and cognate words shall be construed accordingly.

19. Provision of particulars, and registration, of births.

19.—F71[(1) Subject to the provisions of this Part, when a child is born in the State, it is the duty of—

• (a) the parents or, if one of the parents is dead, the surviving parent of the child, or

• (b) if both of the parents are dead or incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with this subsection in relation to the birth,

not later than 3 months from the date of the birth—

• (i) to attend before any registrar and there to—

• (I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth and to furnish such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and

• (II) after the registrar has entered the required particulars in relation to the birth in the register, sign the register in the presence of the registrar,

or

• (ii) to provide to an tArd-Chláraitheoir, to the best of his or her knowledge and belief, the required particulars of the birth (together with such other information or documents relating to the required particulars as may be specified by an tArd-Chláraitheoir) by electronic means in such manner as an tArd-Chláraitheoir may specify.]

• (1A) F72[…]

• F73[(1B) Subsection (1)(ii) shall only apply where the person required to provide the particulars, information or documents concerned has been issued with a public services card (within the meaning of the Act of 2005).]

• (2) Where a person complies with subsection (1) in relation to a birth, the other persons referred to in that subsection are discharged from the performance in relation to that birth of the duty imposed by that subsection.

• (3) Where, owing to non-compliance with subsection (1), a birth is not registered and, having made reasonable efforts to do so, F74[the Superintendent Registrar in whose registration area] the birth occurred is unable to contact either parent of the child concerned, F74[the Superintendent Registrar may] give a qualified informant a notice in writing requiring the informant—

• F74[(a) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth),]

• (b) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of F77[the birth,]

• F78[(ba) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and]

• (c) there to sign the register in the presence of the registrar,

and, unless the birth is registered before the date of the attendance aforesaid, the informant shall comply with the requirement.

• F71[(4) Where paragraph (i) of subsection (1) or, as the case may be, paragraphs (a) to (c) of subsection (3), has or have been complied with in relation to a birth, the registrar concerned shall register the birth in such manner as an tArd-Chláraitheoir may direct.]

• F73[(4A) Where paragraph (ii) of subsection (1) has been complied with in relation to a birth, the birth shall be registered in a manner specified by an tArd-Chláraitheoir.]

• (5) Where, in relation to the birth of a child—

• (a) the parents of the child are dead or incapable through ill health of complying with subsection (1), or

• (b) neither the parents nor another qualified informant can be found after all reasonable efforts to do so have been made,

an tArd-Chláraitheoir may cause the birth to be registered on production to him or her of such evidence as he or she considers adequate for the purpose which, in the case referred to in paragraph (b), shall include, if the place where the birth occurred is known, evidence that the Superintendent Registrar F75[in whose registration area] the birth occurred made all reasonable efforts to find the parents or a qualified informant.

• F79[(5A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chláraitheoir of a request in that behalf, and an tArd-Chláraitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) or a qualified informant has not signed the register.]

• (6) In this section “qualified informant”, in relation to the birth of a child, means—

• (a) the parents or the surviving parent of the child,

• F80[(aa) in so far as it relates to a child who makes a request under section 22(2)(d) or 23A(1), the child,]

• (b) a guardian of the child,

• (c) a person present at the birth,

• (d) if the birth occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the birth,

• (e) if the birth occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

• (f) a person having charge of the child, or

• (g) a man who duly makes a request under paragraph (c) or (d) of section 22(2).

19A. F81[Special provisions in relation to registration of birth of donor-conceived child

19A.—(1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar—

• (a) the certificate furnished to the person under section 27(5) of the F82[Children and Family Relationships Act 2015],

• (b) a statutory declaration referred to in subsection (2).

• (2) A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chláraitheoir, and shall state—

• (a) the parent or parents of the child consented, in accordance with Part 2 of the F82[Children and Family Relationships Act 2015], to being the parents, under section 5 of that Act, of the child, and

• (b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.

• (3) Where section 19(3) applies in relation to a birth referred to in subsection (1), the qualified informant concerned shall comply with that section, and shall also give the following to the registrar—

• (a) the certificate referred to in subsection (1)(a), and

• (b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the F82[Children and Family Relationships Act 2015], to being the parents, under section 5 of that Act, of the child.

• (4) Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19, that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3).

• (5) Where—

• (a) F83[paragraph (i)] of section 19(1) and subsection (1), or

• (b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3),

have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chláraitheoir may direct.

• (6) In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.

• (7) A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.

• (8) Where—

• (a) the birth of a child has been registered other than under this section, and

• (b) F83[an tArd-Chláraitheoir] receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies,

F83[an tArd-Chláraitheoir] shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.

• (9) Where F83[an tArd-Chláraitheoir], having made the enquiries referred to in subsection (8), is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the F82[Children and Family Relationships Act 2015], the parent or parents of the child.

• (10) Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register.]

19B. F84[Alleviation of requirement on certain persons to appear in person under Part 3 of Act of 2004

19B.—(1) Notwithstanding any provision of this Part, a parent or a qualified informant who, within the emergency period, is required under this Part to—

• (a) attend in person before a registrar,

• (b) attend in person before a Superintendent Registrar, or

• (c) sign a register in the presence of any person,

shall be deemed to have done so where they have provided to the registrar, Superintendent Registrar or person in question such written particulars relating to that requirement as an tArd-Chláraitheoir may specify.

• (2) Before the expiration of the emergency period, the Government may, at the request of the Minister made—

• (a) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and

• (b) having had regard to the matters referred to in subsection (4),

by order specify a date that is later than the expiration date of the emergency period specified in the definition of "emergency period" or the last order under this subsection, as the case may be, and the emergency period shall be read as extending to, and including, the date so specified.

• (3) An order under subsection (2) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (4) When making an order under subsection (2), the Government shall have regard to the following:

• (a) the nature and potential impact of Covid-19 on individuals, society and the State;

• (b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;

• (c) measures taken in order to comply with, or as a consequence of, Government policy;

• (d) the need to ensure the most beneficial, effective and efficient use of resources;

• (e) the need to ensure the continuity of a well-functioning registration service;

• (f) the need to ensure that persons do not have to attend in person to register a birth where it would not be safe or advisable in the interests of public health for them to do so.

• (5) In this section—

"Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

"emergency period" means the period beginning on 13 March 2020 and ending on 31 May 2020.]

20. Births occurring more than 12 months before registration.

20.—(1) A registrar shall not register a birth at a time more than 12 months from the date of the birth without the consent in writing of the Superintendent Registrar F85[of the registration area to which the registrar is assigned].

• (2) The fact of the giving of a consent referred to in subsection (1) to a registrar shall be noted in the register.

21. Duty to notify registrar of abandoned new-born children.

21.—(1) Where a living new-born child is found abandoned, it is the duty of—

• (a) the person who finds the child, and

• (b) any person in whose charge the child is placed,

not later than 3 months from the date of the finding, to give to a registrar, to the best of his or her knowledge and belief, in such form and manner as may be directed by an tArd-Chláraitheoir, the required particulars of the birth and, thereupon, the registrar shall register the birth in such manner as may be so directed.

• (2) Where a person complies with subsection (1) in relation to a child, the other person referred to in that subsection is discharged from the performance in relation to that child of the duty imposed by that subsection.

• (3) Where the date of the birth of a child whose birth is required to be registered under this Act is not known and a registered medical practitioner certifies in writing that, in his or her opinion, the birth took place on or about a date specified in the certificate, the registrar concerned may enter that date in the register as the date of the birth of the child.

22. Registration of father where parents not married.

22.—(1) F86[…]

• F87[(1A) Subject to subsection (1E)(a), the duty of a person referred to in section 19(1)(a) to comply with this Part applies notwithstanding that the father and mother of the child whose birth falls to be registered were not married to each other at the date of the child’s birth or at any time during the period of 10 months before such birth.

• (1B) Where the mother of the child to whom subsection (1A) applies (in this section referred to as "the mother")—

• (a) attends under section 19(1) without the person (in this subsection and subsections (1C) to (1K) referred to as "the person") whom she identifies to the registrar as the father of the child,

• (b) gives, unless subsection (1D) applies, to the registrar the required particulars of the birth, and

• (c) signs the register,

the registrar shall—

• (i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

• (ii) make all reasonable efforts to give notice in writing to the person requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is the father of the child.

• (1C) A person given notice under subsection (1B)(ii) who agrees that he is the father of the child shall furnish to the registrar a statutory declaration, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and his required particulars and the required particulars relating to the surname of the child, and the registrar, subject to section 25A, shall complete the registration of the birth of the child with those required particulars and the person shall sign the register in the presence of the registrar and in that case the signature provided by the mother under subsection (1B)(c) shall be retained on the register.

• (1D) A mother may furnish to a registrar a statutory declaration made by her and relied on by her to satisfy the registrar that one or more than one of the following compelling reasons exists so as to exempt her from her duty to furnish to the registrar required particulars in so far as they relate to the father of the child:

• (a) she does not know the identity of the father of the child;

• (b) she does not know the whereabouts of the father of the child;

• (c) she believes that providing the information is not in the best interests of the safety of the child and in that case the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

• (1E) The registrar, having considered the statutory declaration furnished under subsection (1D) shall—

• (a) if satisfied that a compelling reason exists, register the birth of the child with required particulars, other than those relating to the father of the child, or

• (b) if not satisfied that a compelling reason exists—

• (i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

• (ii) notify the mother of the child in writing that he or she is not satisfied that a compelling reason exists, giving reasons for the decision and requesting the mother to furnish required particulars in so far as they relate to the father of the child, and stating that she may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

• (1F) The mother may appeal against the decision of the registrar under subsection (1E)(b) in writing, in a form standing approved by an tArd- Chláraitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (1E)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal in accordance with subsection (1G).

• (1G) In considering an appeal referred to him or her under subsection (1F) the Superintendent Registrar shall consider—

• (a) all information furnished by the mother under subsection (1D)(c),

• (b) the reasons furnished by the registrar under subsection (1E)(b),

• (c) the notice of appeal under subsection (1F), and

• (d) any additional information furnished in response to a request by the Superintendent Registrar for further information.