Civil Registration Act 2004

• (1H) Having considered the matters referred to in paragraphs (a) to (d) of subsection (1G) the Superintendent Registrar shall decide to either—

• (a) annul the decision of the registrar under subsection (1E)(b) and direct the registrar to register the birth of the child under subsection (1E)(a), or

• (b) confirm the decision of the registrar under subsection (1E)(b).

• (1I) A mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (1H)(b).

• (1J) The jurisdiction conferred on the Circuit Court by subsection (1I) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

• (1K) The registrar, if satisfied having made all reasonable efforts under subsection F88[(1B)(ii)] that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father.]

• (2) Subject to subsection (3), any registrar shall enter in the register the name of a person F89[(in this subsection referred to as "the person")] as the father of a child to whom subsection (1) applies—

• (a) if the mother F90[…] and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

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

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

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

or

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

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

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

or

• F91[(d) if the mother, person, or the child to whom the registration relates, if he or she has attained the age of 18 years and so requests the registrar in writing and produces to him or her a document purporting to be a declaration made under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act and to be certified by or on behalf of the court to be a true copy of the declaration or order that the person is the father of the child.]

• (3) Where, in a case in which the mother F92[…] 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, a person would, but for this subsection, F93[fall to be registered under subsection (1C) or pursuant to a request under paragraph (a), (b) or (c) of subsection (2)], as the father of the child, the person shall not be so registered unless there is produced to a registrar—

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

• F94[(b) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation, or]

• F95[(c) a statutory declaration of the mother, that she has been living apart from the person who is, or any person who formerly was, her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall exhibit information, particulars and evidence relied on by the mother to establish the date that she has been living apart from the person who is or was her husband during the period of 10 months ending immediately before the birth of the child.]

• F96[(3A) F97[…]

• (3B) F97[…]

• (3C) F95[Where a statutory declaration under subsection (3)(c) is produced, the registrar, having considered the declaration shall]—

• (a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall register the person as the father of the child under subsection (1C), or paragraph (a), (b) or (c) of subsection (2), or

• (b) if not satisfied that the mother has been living apart from the husband or former husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that—

• (i) he or she is not so satisfied, giving reasons for the decision,

• (ii) he or she is obliged to register the birth of the child with required particulars of the husband or former husband in so far as they relate to the father of the child, and

• (iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

• (3D) The mother may appeal against the decision of the registrar under subsection (3C)(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 (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

• (3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider—

• (a) all information furnished by the mother under subsection (3)(c),

• (b) the reasons furnished by the registrar under subsection (3C)(b),

• (c) the notice of appeal under subsection (3D), and

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

• (3F) Having considered the matters referred to in paragraphs (a) to (d) of subsection (3E), the Superintendent Registrar shall decide to either—

• (a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to register the birth of the child under subsection (3C)(a), or

• (b) confirm the decision of the registrar under subsection (3C)(b).

• (3G) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3F)(b).

• (3H) The jurisdiction conferred on the Circuit Court by subsection (3G) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.]

• (4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar F98[shall so notify the other persons referred to in that provision as capable of making a request] of the request.

• (5) When a birth is being registered under this section, the register shall be signed by—

• (a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2), F99[…]

• (b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under F100[subsection (2), and]

• F101[(c) the child to whom the registration relates who has attained the age of 18 years if he or she has made or joined in the making of the request concerned under subsection (2).]

• F101[(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), (b) or (c) of subsection (5) has not signed the register.]

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

23. Re-registration of birth to include name of father.

F103[23.—(1) This section applies where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments and—

• (a) no person has been registered as the child’s father, or

• (b) the mother of the child was married at the date of the birth of the child or at some time during the period of 10 months before such date and her husband or former husband is registered as the child’s father.

• (1A) Subject to subsection (2), a registrar shall re-register the birth of a child to whom subsection (1) applies in such manner as an tArd- Chláraitheoir may direct and shall enter in the register the name of a person (in this section referred to as the "person") as the father of the child—

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

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

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

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

or

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

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

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

• (2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

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

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

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

• (c) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband, and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child.

• (3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband 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 not the father of the child.

• (3B) The husband, given notice under subsection (3A) who agrees that he is not the father of the child, shall complete a statutory declaration under subsection (3) (a).

• (3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband or former husband, and, having considered the statutory declaration of the mother under subsection (3)(c) —

• (a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall enter in the register the name of the person as the child’s father, or

• (b) if not satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that—

• (i) he or she is not so satisfied, giving reasons for the decision,

• (ii) he or she is obliged to register the birth of the child with required particulars of the husband in so far as they relate to the father of the child, and

• (iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

• (3D) The mother may appeal against the decision of the registrar under subsection (3C)(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 (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

• (3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider all information furnished by the mother under subsection (3)(c), the reasons furnished by the registrar under subsection (3C)(b), the notice of appeal under subsection (3D) and any additional information furnished in response to a request by the Superintendent Registrar for further information and shall decide to either—

• (a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to enter in the register the name of the person as the child’s father, or

• (b) confirm the decision of the registrar under subsection (3C)(b).

• (3F) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3E)(b).

• (3G) The jurisdiction conferred on the Circuit Court by subsection (3F) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

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

• (a) that which was previously registered, or

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

• (5) A birth which has been re-registered under this section may not be further re-registered save under section 23A or 24.

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

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

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

• (6A) 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 re-registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (6) has not signed the register.

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

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

23A. F105[Re-registration on foot of court order

23A.—(1) Where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered, whether or not anybody has been registered as the child’s father, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person ("the person") as the father of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the father of the child.

• (2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

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

• (a) that which was previously registered, or

• (b) a surname determined in accordance with Part 1 of the First Schedule.

• (4) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as the child’s father as the case may be.

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

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

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

• (c) the child to whom the registration relates, if he or she has attained the age of 18 years where he or she has made, or joined in the making of the request concerned under subsection (1).

• (6) 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 re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (5) has not signed the register.

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

23B. F107[Re-registration of birth of donor-conceived child on foot of court order

23B.—(1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person ("the person") as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the District Court under section 21 of the F108[Children and Family Relationships Act 2015], or by the Circuit Court under section 22 of the F108[Children and Family Relationships Act 2015], and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

• (2) Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child’s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person ("the person") as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

• (3) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

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

• (a) that which was previously registered, or

• (b) a surname determined in accordance with Part 1 of the First Schedule.

• (5) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request.

• (6) Where one of the persons to whom subsection (2) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as a parent, other than the mother, of the child, as the case may be.

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

• (a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2),

• (b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and

• (c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2).

• (8) 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 re-registered notwithstanding that a person referred to in paragraph (a), (b) or (c) of subsection (7) has not signed the register.

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

• (10) Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child.]

24. Re-registration of births of legitimated persons.

24.—(1) Any registrar shall, on application in writing to him or her in that behalf, on production to him or her of such evidence as appears to him or her to be satisfactory and on payment to that registrar of the prescribed fee, re-register the birth of a legitimated person (within the meaning of the Legitimacy Act 1931) whose birth is already registered under this Act or the repealed enactments.

• (2) A registrar shall not re-register the birth of a person referred to in subsection (1) if information sufficient for the purpose of the re-registration is not furnished to him or her by both of the parents, or, if one of the parents is dead, by the surviving parent, of the person unless a declaration of the legitimacy of the person has been made under the Legitimacy Declaration Act (Ireland) 1868.

• (3) A registrar shall not re-register a birth under this section without the consent of the Superintendent Registrar F110[of the registration area to which the registrar is assigned].

• (4) It is the duty of the parents of a legitimated person or, if one of the parents is dead and the re-registration of the birth concerned can be effected on information furnished by the surviving parent, within 3 months of the date of the marriage of the parents, to furnish to the registrar concerned the necessary information with a view to obtaining the re-registration of the birth of that person.

• (5) Where the parents of a person whom the registrar concerned believes to have been legitimated under the Legitimacy Declaration Act (Ireland) 1868 fail or either of them fails to comply with subsection (4), the registrar may, by notice in writing served on them, or either of them, require them or, if the notice is served on one only of them, that parent to give to him or her such information concerning the matter as he or she may consider necessary for the purpose of the re-registration of the birth of the person verified in such manner as he or she may direct and for that purpose to attend before the registrar at the office of the registrar or at any other place appointed by the registrar within such time, not being less than 14 days after the receipt of the notice, as may be specified in the notice and a person on whom a notice under this subsection is served shall comply with the requirement it contains.

• (6) The failure of the parents of a legitimated person, or of either of them, to furnish information in accordance with this section in respect of the person shall not affect his or her legitimisation.

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

• (a) that which was previously registered, or

• (b) a surname determined in accordance with Part 1 of the First Schedule.

• (8) A birth which has been re-registered under this section may not be further re-registered but the then existing entry relating to the birth shall be retained in the register.

25. Registration, or alteration, of forename of child.

25.—(1) Any registrar shall, on application to him or her in writing, in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, by the parents, the surviving parent or the guardian of a child whose birth has been registered, on production to that registrar of such evidence as appears to him or her to be satisfactory and on payment to that registrar of the prescribed fee—

• (a) if the forename of the child has been registered, change or alter the forename in the entry in the register or add a forename or forenames to the entry, or

• (b) if the forename of the child has not been registered, register the forename of the child.

• (2) Where a forename is changed, altered or registered or one or more forenames are added under subsection (1), the then existing entry concerned shall be retained in the register, the change, alteration, registration or addition shall be deemed for all purposes to be and always to have been part of the original entry and the forename or forenames in the register may not be further changed, altered or added to.

25A. F111[Failure to agree surname and subsequent registration of surname

25A.—F112[(1) Notwithstanding the duty of a person under this Part to provide the surname of the child as a required particular of the registration of the birth, the registrar shall register the birth of a child, or an tArd Chláraitheoir shall cause the birth of a child to be registered without the surname of the child, where—

• (a) the registrar, or as the case may be, an tArd-Chláraitheoir, is satisfied that the parents of the child do not agree regarding a surname for the child, or

• (b) the birth is registered under subsection (1E)(b)(i) of section 22.]

• (2) F113[…]

• (3) Where a birth has been entered on the register under subsection (1) F113[…] the following persons may apply to a registrar to register the surname of the child:

• (a) where the child concerned has not attained the age of 18 years—

• (i) the parents of the child, where they satisfy the registrar that they have agreed a surname for the child,

• (ii) the surviving parent of the child, or

• (iii) where there is no surviving parent, the guardian of the child,

or

• (b) where the child concerned has attained the age of 18 years, the child.

• (4) On receipt of an application referred to in subsection (3) in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, and on production to the registrar of such evidence as appears to him or her to be satisfactory and on payment of the prescribed fee, the registrar shall register the surname of the child.

• (5) The surname of the child entered in the register under subsection (4) shall be a surname determined in accordance with Part 1 of the First Schedule.

• (6) Where the surname of the child is entered in the register under subsection (4), the existing entry in the register regarding the birth shall be retained in the register, the addition of the surname shall be deemed for all purposes to be and always to have been part of the original entry, and the surname so entered in the register may not be further changed, altered or added to.]

26. Registration of births outside State of children of Irish citizens domiciled in State.

26.—(1) An tArd-Chláraitheoir may, on production to him or her of such evidence as appears to him or her to be satisfactory, cause the birth outside the State (other than a birth to which section 27 applies) of the child of an Irish citizen domiciled in the State to be registered in the register if—

• (a) there was not at the time of the birth a system of registration of births in the place where the birth occurred or such a system that applied to such a child, or

• (b) it is not possible to obtain copies of or extracts from civil records of the birth.

• (2) Subsection (1) applies to the stillbirth of a child as it applies to the birth of a child and, accordingly, references in that subsection to birth and births shall be construed as including references to stillbirth and stillbirths, respectively.

27. Recording and registration of certain other births occuring outside State.

27.—(1) Regulations shall require such persons as may be specified to keep specified records of—

• (a) the birth of a child, whether before or after the commencement of this section, on board an Irish aircraft or an Irish ship,

• (b) the birth of a child of an Irish citizen on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State, and

• (c) the birth of a child of a member of the Garda Síochána or the Permanent Defence Force outside the State while the member is serving outside the State as such member.

• (2) Regulations shall provide for the transmission of copies of records referred to in subsection (1), certified by specified persons to be true copies, to an tArd-Chláraitheoir, and for the making of specified returns in relation to such records to specified persons.

• (3) An tArd-Chláraitheoir shall cause to be entered in the register the required particulars relating to births referred to in subsection (1).

• (4) Regulations shall provide for the correction of errors in records kept under subsection (1) and for the transmission of copies, certified by specified persons to be true copies, of records corrected under this subsection to an tArd-Chláraitheoir.

• (5) On receipt of a corrected record under subsection (4), an tArd-Chláraitheoir shall cause a correct entry that takes account of the corrected record to be entered in the register and the then existing entry relating to the birth concerned shall be retained in the register.

• (6) Subsections (1) to (5) apply to the stillbirth of a child as they apply to the birth of a child and, accordingly, references in those subsections to birth or births shall be construed as including references to stillbirth or stillbirths, respectively.

• (7) In this section—

“foreign aircraft” means an aircraft which is not an Irish aircraft;

“foreign ship” means a ship which is not an Irish ship;

“Irish aircraft” means an aircraft registered in the State;

“Irish ship” has the meaning assigned to it by the Mercantile Marine Act 1955.

27A. F116[Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964

27A.—For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938, a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration made under section 2(4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of the child.]

28. Registration of stillbirths.

28.—F118[(1) Subject to the provisions of this Part, when a child is stillborn—

• (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, a relative of either parent,

may—

• (i) attend before any registrar and there—

• (I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3), and

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

or

• (ii) provide to an tArd-Chláraitheoir to the best of his or her knowledge and belief the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3), by electronic means in such manner as an tArd-Chláraitheoir may specify.]

• F119[(1A) Subsection (1)(ii) shall only apply where the person providing the particulars concerned has been issued with a public services card (within the meaning of the Act of 2005).]

• (2) Where a person referred to in subsection (1) has taken the steps specified in F118[paragraph (i)] of that subsection in relation to a stillbirth, the registrar concerned shall register the stillbirth in the register in such manner as an tArd-Chláraitheoir may direct.

• F119[(2A) Where a person referred to in subsection (1) has taken the steps specified in paragraph (ii) of that subsection in relation to a stillbirth, the stillbirth shall be registered in a manner specified by an tArd Chlaraitheoir.]

• (3) Where a registered medical practitioner has attended the stillbirth of a child, or examined a stillborn child, he or she shall, if so requested by a person referred to in subsection (1), give to him or her a certificate signed by the practitioner stating—

• (a) that he or she attended the stillbirth or, as the case may be, examined the child,

• (b) the estimated weight and gestational age of the child, and

• (c) if the stillbirth occurred in a hospital or other institution or the mother of the child was treated in a hospital or other institution, the name and address of the institution.

• (4) Where a stillbirth is not registered during the period of 12 months from the date of the stillbirth, F120[Superintendent Registrar in whose registration area] the stillbirth occurred may—

• (a) in case the stillbirth took place, or the mother of the child was treated, in a hospital or other institution, request the institution, and

• (b) in case the stillbirth did not take place in a hospital or other institution, but a registered medical practitioner attended the stillbirth or treated the child or a midwife attended the stillbirth, request the practitioner or midwife,

to give to any registrar F120[in that registration area] the required particulars of the stillbirth, and the institution or person, as the case may be, shall comply with the request.

• (5) Where the required particulars in relation to a stillbirth are given to a registrar pursuant to subsection (1) or (4) and if one has been obtained, the certificate referred to in subsection (3), is given to the registrar pursuant to subsection (1), the registrar shall register the birth in such manner as an tArd-Chláraitheoir may direct.

• (6) Where a certificate referred to in subsection (3) is given to a person referred to in that subsection, a duplicate of the certificate may be used for the purpose of the registration of the stillbirth concerned.

• (7) If, in the course of his duties, a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the F120[registration area] in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chláraitheoir may direct.

29. Registration of stillbirths that occurred before 31 December 1994.

29.—Where, in the case of a stillbirth that occurred before 31 December 1994, a parent of the stillborn child or a relative of either parent of the child who has knowledge of the stillbirth gives to any registrar the required particulars in relation to the stillbirth and evidence establishing to the satisfaction of the Superintendent Registrar of the F121[registration area] concerned the occurrence of the stillbirth—

• (a) the registrar shall enter the particulars in the register,

• (b) the parent or relative shall then sign the register in the presence of the registrar, and

• (c) the registrar shall register the stillbirth in such manner as an tArd-Chláraitheoir may direct.

30. Duty to notify Ard-Chláraitheoir of births and stillbirths.

30.—F122[(1) It shall be the duty of the chief officer (by whatever name called) of a hospital or other institution in which a child is born or stillborn, or a person authorised by the chief officer to perform his or her functions, as soon as is practicable and, in any case, not later than 5 working days after the birth or stillbirth, to notify the Superintendent Registrar in whose registration area the hospital is situated of the birth or stillbirth in such manner as an tArd-Chláraitheoir may direct.]

• (2) Where a child is born or stillborn other than in a hospital or other institution—

• (a) in case a registered medical practitioner is present at the birth or stillbirth or examines the child, it shall be the duty of the practitioner, and

• (b) in case a registered medical practitioner is not present, but a midwife is, it shall be the duty of the midwife,

to notify the F123[Superintendent Registrar in whose registration area] the birth or stillbirth occurs of the birth or stillbirth as soon as is practicable F124[and, in any case, not later than 5 working days] after the birth or stillbirth and to do so in the manner directed by an tArd-Chláraitheoir.

• F124[(3) Where a child is born or stillborn other than in a hospital or other institution and there is no medical practitioner or midwife present at the birth or stillbirth, it shall be the duty of—

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

• (b) if the parents are dead or incapable through ill health of complying with this subsection, a person present at the birth or stillbirth,

as soon as practicable and, in any case, not later than 5 working days after the birth or stillbirth, to notify the Superintendent Registrar in whose registration area the birth or stillbirth occurs of the birth or stillbirth in such manner as an tArd-Chláraitheoir may direct.

• (4) A notification under this section shall contain the required particulars in relation to the birth or stillbirth as are known to the best of the knowledge and belief of the person providing the notification.

• (5) A Superintendent Registrar who is notified under subsection (3) may request from the person who provided the notification such evidence in his or her possession, or within his or her power to so furnish, relating to the birth or stillbirth as he or she considers necessary, and the person shall comply with that request.]

F125[PART 3A Register of Gender Recognition]

30A. F126[Definitions (Part 3A)

30A.—In this Part—

"Adopted Children Register" means the Adopted Children Register maintained under section 84 of the Adoption Act 2010;

"register" means the register of gender recognition.]

30B. F127[Entry in Register

30B.—(1) A person referred to in sub paragraph (i) or (ii) of section 9(1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact an tArd-Chláraitheoir and request that the required particulars relating to the recognition of the gender of the person are entered in the register.

• (2) Where an tArd-Chláraitheoir is satisfied to make an entry in the register it shall contain—

• (a) if the requesting person is a person to whom sub paragraph (i) of section 9(1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2A of the First Schedule as correspond to the required particulars that are entered in the register of births relating to that person, or

• (b) if the requesting person is a person to whom subparagraph (ii) of section 9(1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2B of the First Schedule as correspond to the particulars that are entered in the Adopted Children Register relating to that person.

• (3) Evidence of an entry in the register 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 or a person authorised in that behalf by an tArd-Chláraitheoir.]

30C. F128[Index to register and privacy

30C.—(1) An tArd-Chláraitheoir shall maintain an index to the register.

• (2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee—

• (a) search the register and the index to that register, or

• (b) give the person—

• (i) a copy certified by him or her to be a true copy,

• (ii) a copy, or

• (iii) a certified extract,

of an entry in the register specified by the person.

• (3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2):

• (a) the person to whom the entry on the register relates;

• (b) a person who is, in relation to the person referred to in paragraph (a) —

• (i) the surviving spouse or civil partner,

• (ii) if no surviving spouse or civil partner, the child,

• (iii) if no surviving spouse or civil partner or child, a parent, or

• (iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

• (4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and "true copy" in those provisions shall be construed accordingly.

• (5) The Minister, by regulations under this Act, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).]

30D. F129[Separate index of connections between register of gender recognition and register of births

30D.—(1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births or the Adopted Children Register.

• (2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

• (3) A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora shall be received, without further proof, as evidence of the facts stated therein and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.

• (4) A court shall not make an order referred to in subsection (2), where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child.]

30E. F130[Cancellation or amendment of entry in register

30E.—(1) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 14(9)(a) or 15(11)(a) of the Act of 2015, shall cancel the appropriate entry in the register, the index referred to in section 30C(1) and the index referred to in section 30D.

• (2) An tArd-Chláraitheoir, as soon as practicable following receipt of a notice under section 16(8)(a) of the Act of 2015, shall correct the appropriate entry in the register and the original entry shall be retained in the register.

• (3) An tArd-Chláraitheoir—

• (a) following a re-registration or correction under section 23, 23A, 24, 25, 25A, 63, 64 or 65 of an entry in the register of births, or

• (b) an amendment under subsection (5), (7) or (9) of section 84 of the Act of 2010 of an entry in the Adopted Children Register,

which corresponds to an entry in the register, shall amend the appropriate entry in the register accordingly.]

PART 3B Register under Part 3B]

30F. F132[Definitions (Part 3B)

30F.—In this Part—

"affected person", subject to section 30G(4), means a person to whom the following applies:

• (a) an entry in the register of births relating to his or her birth was made on or before the 31st day of December 1980,

• (b) in the entry referred to in paragraph (a), the name of a person other than his or her mother was entered as his or her mother, and

• (c) the person named as mother and, if applicable, father, in the said entry assumed the role of a parent in relation to the person and treated that person as her or their lawful child,

and includes a person in respect of whom the entry in the register of births has been corrected or cancelled pursuant to section 63, 64 or 65;

"register" means the register established under Part 3B.]

30G. F133[An tArd-Chláraitheoir may receive and request certain information concerning affected persons

30G.—(1) Where the Child and Family Agency or such other person as may be prescribed by regulations under section 30L has within its possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, the Agency or person, as the case may be, shall provide the information and documents to an tArd-Chláraitheoir.

• (2) Where an tArd-Chláraitheoir reasonably believes that a person has within his or her possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, an tArd-Chláraitheoir may, by notice in writing served on the person, require the person concerned to provide the information or documents to an tArd-Chláraitheoir for the purposes of determining whether or not the register of births correctly records the particulars of birth of the affected person concerned.

• (3) A person shall comply with a notice under subsection (2) within such period (being a period of not less than 28 days) as is specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir, and in such manner as may be specified in the notice.

• (4) In this section, "affected person" includes a person whom an tArd-Chláraitheoir, the Child and Family Agency or a person or body prescribed by regulations under section 30L reasonably believes may be an affected person.]

30H. F134[Correction, cancellation or registration of entries in register of births

30H.—(1) Subject to subsections (2) and (3), where an tArd-Chláraitheoir is aware of an error of fact in an entry in the register of births in relation to the particulars of birth of an affected person (in this Part referred to as a "relevant entry"), and where, having considered any information or documents received in accordance with subsection (1) of section 30G or in accordance with a notice under subsection (2) of that section together with any submissions received in accordance with subsection (3), an tArd-Chláraitheoir is satisfied that the relevant entry is incorrect, he or she may—

• (a) correct, or cause to be corrected, the relevant entry,

• (b) cancel the relevant entry, or

• (c) cancel the relevant entry and register the particulars of the birth of the affected person concerned in the register of births.

• (2) Prior to making a correction, cancellation or registration under subsection (1), an tArd-Chláraitheoir shall make all reasonable efforts to notify in writing any person in relation to whom personal data is intended to be corrected, cancelled or registered of his or her intention to make the correction, cancellation or registration.

• (3) A person notified in accordance with subsection (2) or, where the person is unable to do so because of age, illness or disability, a person acting on his or her behalf, may make a submission to an tArd-Chláraitheoir in relation to the proposed correction, cancellation or registration within such period (being a period of not less than 28 days) as may be specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir.

• (4) In this section—

"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016² on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"personal data" has the meaning it has in the General Data Protection Regulation.]

30I. F135[Register under Part 3B

30I.—(1) An tArd-Chláraitheoir shall establish and maintain a register (in this Act referred to as the "register under Part 3B").

• (2) Where an tArd-Chláraitheoir has made a correction, cancellation or registration in accordance with section 30H, he or she shall enter the particulars to which this section applies in the register.

• (3) Any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora.

• (4) In this Act, a reference to the particulars to which this section applies is a reference to the particulars of birth of an affected person entered in a relevant entry.]

30J. F136[Index to register and privacy (Part 3B)

30J.—(1) An tArd-Chláraitheoir shall maintain an index to the register.

• (2) Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee—

• (a) search the register and the index to that register, or

• (b) give the person—

• (i) a copy certified by him or her to be a true copy,

• (ii) a copy, or

• (iii) a certified extract,

of an entry in the register specified by the person.

• (3) The following persons may make an application to an tArd-Chláraitheoir under subsection (2):

• (a) the person to whom the entry on the register relates;

• (b) a person who is, in relation to the person referred to in paragraph (a)—

• (i) the surviving spouse or civil partner,

• (ii) if no surviving spouse or civil partner, a child,

• (iii) if no surviving spouse or civil partner or child, a parent, or

• (iv) if no surviving spouse or civil partner, child or parent, a brother or sister,

or

• (c) any other person who an tArd-Chláraitheoir, in his or her discretion, determines.

• (4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and "true copy" in that subsection shall be construed accordingly.

• (5) The Minister, by regulations under section 30L, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).]

30K. F137[Separate index of connections between register and register of births

30K.—(1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births.

• (2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.]

30L. F138[Regulations (Part 3B)

30L.—(1) The Minister, following consultation with the Minister for Children, Equality, Disability, Integration and Youth and an tArd-Chláraitheoir, may make regulations to ensure the effective operation of this Part including, but not limited to, regulations prescribing—

• (a) a person for the purposes of section 30G(1), and

• (b) the particulars of birth and parentage to be included in a certified copy, provided under this Part, of an entry in the register.

• (2) 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.]

PART 3C Record of Stillbirths

30M. Record of stillbirths.

30M.—(1) An tArd-Chláraitheoir shall establish and maintain a record of stillbirths (in this Act referred to as the "record of stillbirths").

• (2) The following persons may, in respect of an entry in existence in the register of stillbirths, apply to an tArd-Chláraitheoir to enter such particulars of that entry as may be specified by an tArd-Chláraitheoir in the record of stillbirths, namely—

• (a) a parent of the stillborn child concerned,

• (b) where both parents are dead, a relative of either parent, and

• (c) such other person as an tArd-Chláraitheoir may, in his or her discretion, determine.

• (3) The record of stillbirths 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 record.

• (4) An tArd-Chláraitheoir shall, on application to him or her in that behalf by a person—

• (a) search the record of stillbirths, or

• (b) give the person a certified copy or a copy of an entry in the record of stillbirths specified by the person.]

F140[PART 3C

Registration of Parental Orders for Surrogacy

Definition (Part 3C).

30M.— ...]

30N. F142[Application of Part.

30N.— ...]

30O. F143[Entries in register on foot of parental order

30O.— ...]

30P. F144[Other entries in register

30P.— ...]

30Q. F145[Who may obtain copies of entries in register

30Q.— ...]

30R. F146[Separate index of connections between register and register of births.

30R.— ...]

30S. F147[Certified copy of entry in register as evidence of facts stated

30S.— ...]

30T. F148[Privacy of surrogacy records

30T.— ...]

PART 4 Registration of Adoptions

31. Definitions (Part 4).

31.—F149[…]

32. Registration of adoptions.

32.—F150[…]

33. Registration of foreign adoptions.

33.—F151[…]

34. Directions of High Court in relation to entries in register in respect of foreign adoptions.

34.—F152[…]

35. Privacy of adoption records.

35.—F153[…]

PART 5 Registration of Deaths

36. “the register” (Part 5).

36.—In this Part, “the register” means the register of deaths, and cognate words shall be construed accordingly.

37. Provision of particulars, and registration, of deaths.

37.—F154[(1) When a death occurs in the State, it is the duty of—

• (a) a relative, civil partner, cohabitant, next of kin, personal representative or religious superior of the deceased who has knowledge of the required particulars in relation to the death, and

• (b) if there is no such relative, civil partner, cohabitant, next of kin, personal representative or religious superior who can be found or every such person is 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 it in relation to the death,

within 3 months from the date of the death—

• (i) to attend before any registrar,

• (ii) there, to give to the registrar, to the best of his or her knowledge and belief, in a form standing specified by an tArd-Chláraitheoir, the required particulars of the death, and

• (iii) there, to sign the register relating to the death in the presence of the registrar.]

• F155[(1A) It is the duty of a person referred to at paragraph (a) or (b) of subsection (1) to furnish to a registrar such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the death as may be requested by the registrar.]

• (2) Subject to section 40, where, after the expiration of 3 months from the date of the death of a person in the State, the death has not been registered because of F156[non-compliance with subsection (1) or (1A)], the F157[Superintendent Registrar in whose registration area] the death occurred may serve a notice on any qualified informant requiring him or her—

• (a) to attend before a registrar in F157[that registration area or in the registration area] in which the informant ordinarily resides at the office of the registrar or at any other convenient place specified in the notice within such time (not being less than 10 days from the date of the notice) as may be specified in the notice,

• (b) there, to give to the registrar, to the best of his or her knowledge and belief, in a form standing specified by an tArd-Chláraitheoir, the required particulars relating to the death and, if so requested by the registrar, the relevant certificate under F158[section 42,]

F159[(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 death as may be requested by the registrar, and]

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

and, unless the death is duly registered before the expiration of the time specified in the notice, the informant shall comply with the requirement and, thereupon, the registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.

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

• F160[(3A) 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 death to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) has not signed the register.]

• (4) This section applies also to a death that occurred before the commencement of this section and as respects which section 9 of the Births and Deaths Registration Act (Ireland) 1880 was not complied with.

• F161[(5) In this section—

"next of kin" means a person nominated in writing as next of kin by the deceased for the purposes of his or her medical treatment or medical records;

"personal representative" means the executor or executrix or the administrator or administratrix for the time being of a deceased person;

"qualified informant" in relation to a death means—

• (a) a relative, civil partner, cohabitant, next of kin, personal representative or religious superior of the deceased who has knowledge of the required particulars concerned,

• (b) a person present at the death,

• (c) any other person who has knowledge of the required particulars,

• (d) if the death 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 death,

• (e) if the death 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) the person who found the body of the person concerned,

• (g) the person who took charge of that body,

• (h) the person who procured the disposal of that body, or

• (i) any other person who has knowledge of the death;

"religious superior" in relation to a deceased person who was a member of a religious body within the meaning of section 45 living as a member of the religious body in an order or community, means the person in charge of the order or community in which the deceased person resided prior to his or her death.]

37A. F168[Alleviation of requirement on certain persons to appear in person under Part 5 of Act of 2004

37A.—(1) Notwithstanding any provision of this Part, a relative 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 death 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.]

38. Registration of deaths occurring outside State of Irish citizens domiciled in State.

38.—An tArd-Chláraitheoir may, on production to him or her of such evidence as appears to him or her to be satisfactory, cause the death outside the State (other than a death to which section 39 applies) of an Irish citizen domiciled in the State to be registered in the register if—

• (a) there was not at the time of the death a system of registration of deaths in the place where the death occurred or such a system that applied to such a death, or

• (b) it is not possible to obtain copies of or extracts from civil records of the death.

39. Recording and registration of certain other deaths occurring outside State.

39.—(1) Regulations shall require such persons as may be specified to keep specified records of—

• (a) the death of a person on board an Irish aircraft or an Irish ship,

• (b) the death of an Irish citizen on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State, and

• (c) the death of a member of the Garda Síochána or the Permanent Defence Force or of the spouse or specified members of the family of such a member outside the State while the member is serving outside the State as such member.

• (2) Regulations shall provide for the transmission of copies of records referred to in subsection (1), certified by specified persons to be true copies, to an tArd-Chláraitheoir.

• (3) An tArd-Chláraitheoir shall cause to be entered in the register the required particulars relating to deaths to which records referred to in subsection (1) relate.

• (4) Regulations shall provide for the correction of errors in records kept under subsection (1) and for the transmission of copies, certified by specified persons to be true copies, of records corrected under this subsection to an tArd-Chláraitheoir.