Civil Registration Act 2004
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
47 amending acts · 2025-12-31, revised-IE-2004-act-3@2025-12-31
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
59J.—(1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule.
- (2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule.
- (3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2).
- (4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).
- (5) This section has effect notwithstanding any statutory provision that conflicts with it.]
F256[Part 7C Dissolution and Transitional]
59K. F257[Registration of dissolution of civil partnership on marriage
59K.—Where a civil partnership which is registered in the register of civil partnerships stands dissolved by virtue of section 109A (inserted by section 11 of the Marriage Act 2015) of the Act of 2010 on the marriage of two persons solemnised under and in accordance with this Act, the registrar shall enter that dissolution as a particular in the entry concerning that civil partnership in that register.]
59L. F258[Transitional provisions consequent on Marriage Act 2015
59L.—(1) On the commencement of section 8 of the Marriage Act 2015, a notification of an intention to enter into a civil partnership given under section 59B and in force immediately before that commencement, may, if requested by the parties concerned, be taken to be and treated by a registrar as if it were a notification of their intention to marry given under section 46.
- (2) Notwithstanding the commencement of section 8 of the Marriage Act 2015,the provisions of this Act referred to in that section shall continue to apply—
- (a) where a civil partnership registration form was duly completed under section 59C and that form is valid under subsection (4) of that section immediately before that commencement, or
- (b) in relation to a civil partnership registration in respect of which an objection under section 59F is made, whether the objection is made before or after that commencement.]
PART 8 General
60. Appeals.
60.—(1) Where—
- (a) a registrar fails or refuses to register in the appropriate register specified in section 13 a birth, stillbirth, F259[death, marriage or civil partnership] or to enter in such a register one or more of the particulars required by this Act to be so entered, and furnished to him or her by a person pursuant to this Act, or
- (b) an tArd-Chláraitheoir or an authorised officer fails or refuses to comply with a request of a person under section 63,
the registrar, an tArd-Chláraitheoir or the authorised officer, as the case may be, shall notify the qualified informant (within the meaning of Part 3 or 5, as may be appropriate) concerned, the parties to the marriage F260[, the parties to the civil partnership] or the person in writing of the reasons for the failure or refusal.
- (2) If a person (“the appellant”) affected by a failure or refusal by a person under subsection (1) is dissatisfied with it, he or she may appeal against it by lodging a notice of appeal in writing in a form standing approved by an tArd-Chláraitheoir or in a form to the like effect with F261[the Executive], not later than 28 days from the date of his or her receipt of the notification under subsection (1), and the appeal shall be referred F261[by the Executive to such employee of the Executive] (not being the person in relation to whom the appeal is brought) F261[as the Executive] may determine (“the appeals officer”), and the appeals officer shall determine the appeal.
- (3) If an appellant is dissatisfied with the decision of an appeals officer under subsection (2), he or she may appeal against it by lodging a notice of appeal in writing in the form standing approved by an tArd-Chláraitheoir or a form to the like effect with an tArd-Chláraitheoir not more than 28 days after his or her receipt of the decision and an tArd-Chláraitheoir shall determine the appeal and, subject to subsections (6) to (8), the decision shall be final.
- (4) The Minister may by regulations make provision in relation to notices of appeal under this section and the procedure to be followed on appeals under this section.
- (5) In relation to an appeal under this section, the appeals officer concerned or an tArd-Chláraitheoir, as the case may be—
- (a) shall notify the parties concerned in writing of his or her decision in relation to the appeal and of the reasons therefor, and
- (b) may give such directions in relation to the registration or correction concerned to the registrar or authorised officer concerned as he or she considers appropriate, and any such direction shall be complied with by the person to whom it is given.
- (6) An appeals officer (“the officer”) may revise a decision of another appeals officer under this section if it appears to the officer that the decision was erroneous having regard to evidence first given to the officer, or a fact first made known to the officer, since the date of the decision.
- (7) An tArd-Chláraitheoir may revise a decision (including a revised decision under this subsection) of an tArd-Chláraitheoir or an appeals officer if it appears to him or her that the decision was erroneous by reason of a mistake of law or fact.
- (8) A person who is dissatisfied with a decision (including a revised decision) of an tArd-Chláraitheoir may appeal against it to the High Court.
- (9) A revision under subsection (6) by an appeals officer shall be deemed, for the purpose of subsections (2) to (5) and (7) of this section, to be a decision under subsection (2), and those subsections shall apply and have effect accordingly, with any necessary modifications, in relation to the revision.
- (10) A decision or a revision under this section—
- (a) shall be in writing and be signed by the person by whom it is made, and
- (b) shall, subject to any appeal under this section, have effect in accordance with its terms.
- (11) A document purporting to be a decision or a revision of an tArd-Chláraitheoir or an appeals officer shall be deemed to be such a decision or revision and to have been signed by the person purporting to have signed it unless the contrary is shown and shall be prima facie evidence of the decision or revision and it shall not be necessary to prove that that person was an tArd-Chláraitheoir or, as the case may be, an appeals officer.
61. Searches.
61.—(1) Subject to subsections (3) and (4), a person, following an application in writing, in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, in that behalf to an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer and—
- (a) on payment to him or her of the prescribed fee, may, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir, search an index to a register maintained under section 13,
- (b) on payment to him or her of the prescribed fee, be given by him or her—
- (i) a copy, certified by him or her to be a true copy, F263[…]
- (ii) a copy, F264[or]
- F264[(iii) a certified extract,]
of an entry specified by the person in such a register.
- F268[(1A) Where the age, civil status or death of a person is required to be proved by or under an enactment prescribed under section 67(1A), a person—
- (a) on production by him or her of verification of the requirement for proof, as part of an application in that behalf under subsection (1), and
- (b) on payment by him or her of a fee prescribed under section 67(1A),
shall be given a copy certified to be a true copy, a copy, or a certified extract of an entry in a register maintained under section 13.]
- (2) Subject to subsections (3) and (4), an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer shall, on application by a person to him or her in that behalf in writing and—
- (a) on payment to him or her of the prescribed fee, search such of the registers maintained under section 13, and the indexes thereto, as are specified in the application, or
- (b) on payment to him or her of the prescribed fee, give the person—
- (i) a copy, certified by him or her to be a true copy, F263[…]
- (ii) a copy, F264[or]
- F264[(iii) a certified extract,]
of an entry specified by the person in any such register.
- F265[(2A) Subject to subsections (3) and (4), the Minister for Culture, Heritage and the Gaeltacht or a relevant body shall, on application in that behalf by a person to that Minister, or the relevant body, in electronic form and on payment to that Minister or that relevant body of any prescribed fee, consent to a search by that person of the electronic record of—
- (a) the register maintained under section 13(1)(a), in so far as it relates to births that occurred more than 100 years before the date of the application to search,
- (b) the register maintained under section 13(1)(d), in so far as it relates to deaths that occurred more than 50 years before the date of the application to search, or
- (c) the register maintained under section 13(1)(e), in so far as it relates to marriages that occurred more than 75 years before the date of the application to search.
- (2B) For the purposes of subsection (2A), the Minister for Culture, Heritage and the Gaeltacht, or a relevant body, may keep a record, including an electronic record, of the registers referred to at paragraphs (a), (b) and (c) of subsection (2A).]
- F266[(2C) The Minister for Culture, Heritage and the Gaeltacht may by order designate a body, in connection with which functions are performable by him or her, to be a relevant body for the purposes of this section.]
- F267[(3) This section does not apply to the register of F269[stillbirths, gender recognition or to the register under Part 3B or an index to any of those registers] or an index kept under—
- (a) section 22(5) of the Adoption Act 1952, or
- (b) section 86 of the Adoption Act 2010.]
- (4) A copy of an entry referred to in subsection (1) (b) F270[, (1A)] or (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.
- F264[(5) The Minister may make regulations specifying particulars to be included in a certified extract referred to in subsection (1) or (2).]
- F265[(6) The Minister for Culture, Heritage and the Gaeltacht, or a relevant body, in addition to an tArd-Chláraitheoir, an tArd-Chláraitheoir Cúnta, a Superintendent Registrar, a registrar or an authorised officer, may perform functions referred to in subsection (1)(a) in so far as the functions relate to the search of a record of an index to a register maintained under section 13 and for that purpose that Minister, or that body, may keep such a record, including in electronic form, of such an index.]
- F266[(7) In this section, and section 67, "relevant body" means a body that for the time being stands designated under subsection (2C).]
62. F272[Search of register of stillbirths
62.—(1) An tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer shall, on application in writing to him or her in that behalf by a person referred to in subsection (2) and on payment of the prescribed fee—
- (a) search the register of stillbirths, 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 of stillbirths specified by the person.
- (2) The following persons may make an application under subsection (1):
- (a) a person who is, in relation to the child who is the subject of the entry on the register referred to in subsection (1)—
- (i) a parent,
- (ii) a grandparent,
- (iii) a brother or sister,
- (iv) a child of a brother or sister,
or
- (b) any other person who an tArd-Chláraitheoir, in his or her discretion, determines.]
63. Correction of errors at request of persons having an interest.
63.—(1) An alteration shall not be made in a register maintained under paragraph (a), F273[(b), (d) or (k)] of section 13(1) otherwise than in accordance with the provisions of this Act.
- (2) On the application in that behalf of a person having an interest in the matter to a Superintendent Registrar in writing, he or she may—
- (a) correct in the manner specified by an tArd-Chláraitheoir a clerical error in any register maintained under section 13, or
- (b) correct an error of fact in a register specified in the said paragraph (a) or (d) if the person gives to the Superintendent Registrar such evidence as he or she considers to be adequate and a statutory declaration, in a form standing approved by an tArd-Chláraitheoir, of the facts concerned made by—
- (i) a person required by this Act to give to the registrar the required particulars in relation to the birth, or death, concerned, or
- (ii) if such a person as aforesaid cannot be found, two credible persons having knowledge of the facts concerned.
- (3) Where an error of fact (other than one relating to the cause of death) occurs in the record signed by a coroner of the verdict returned at an inquest held by him or her and the coroner or his or her successor is satisfied by evidence on oath given orally or by statutory declaration of the existence of the error—
- (a) he or she may give a certificate to a Superintendent Registrar stating the nature of the error and the relevant facts, and
- (b) the officer shall, in such form as an tArd-Chláraitheoir may direct, correct the appropriate entry in the register of deaths and the original entry shall be retained in the register.
- (4) On the application in that behalf by a person having an interest in the matter to an tArd-Chláraitheoir in writing a correction or addition to an entry in the register of stillbirths may, if an tArd-Chláraitheoir so directs, be made by but only by a person authorised in that behalf by him or her.
64. Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.
64.—F275[(1) Where a registrar is satisfied that an entry in the register of births or deaths contains an error of fact, he or she shall notify the error to—
- (a) the Superintendent Registrar of the registration area to which the registrar is assigned, or
- (b) if the entry was made pursuant to section 19(1)(ii) or section 37(1)(ii), an tArd-Chláraitheoir.]
- (2) When a Superintendent Registrar of F276[any registration area] receives a notification under F275[subsection (1)(a)], the Superintendent Registrar or a registrar F276[in that registration area], if so directed by the Superintendent Registrar, shall by notice in writing given to a qualified informant (within the meaning of Part 3 or 5, as the case may be) in relation to the birth or death concerned (“the person”) require him or her—
- (a) to attend at the office of a registrar specified by the Superintendent Registrar or at the office of the registrar aforesaid, or at any other convenient place specified in the notice, within such time (not being less than 7 days from the date of the giving of the notice) as may be so specified, and
- (b) to give to the registrar a statutory declaration specifying the error and, to the best of his or her knowledge and belief, the relevant facts,
and the person shall also give to the registrar such other information as the Superintendent Registrar or the registrar may reasonably require.
- F277[(2A) When an tArd-Chláraitheoir receives a notification under subsection (1)(b), he or she shall enquire into the matter and on completion of that enquiry may, if he or she considers it appropriate to do so, cancel the entry in the register or make a correction of the error in the entry concerned in the register and the original entry shall be retained in the register and the cancellation, or the correction as the case may be, shall be noted in respect of the original entry.]
- (3) When a person complies with subsection (2), the Superintendent Registrar, or the registrar, concerned may—
- (a) correct the error concerned in the register of births or the register of deaths, as the case may be, or
- (b) request a direction from an tArd-Chláraitheoir in relation to the matter.
- (4) Where, pursuant to subsection (2), the Superintendent Registrar concerned is satisfied that, in relation to the error concerned, neither a person referred to in subsection (2) nor two other credible persons having knowledge of the facts concerned can be found, he or she may request an tArd-Chláraitheoir to give a direction under subsection (5) in relation to the matter.
- (5) When an tArd-Chláraitheoir receives a request under subsection (3) or (4), he or she may, if he or she considers it appropriate to do so, direct the Superintendent Registrar, or the registrar, F279[concerned to cancel the entry in the register or make, in such manner] as he or she may specify, a correction of the error in the entry concerned in the register, and the direction shall be complied with and the original entry shall be retained in the register.
F280[F275[(5A) Where an tArd-Chláraitheoir is satisfied that an entry of a birth, stillbirth or death in the register of births, stillbirths or deaths was made on the basis of—
- (a) required particulars referred to in subsection (5B), or
- (b) false or misleading information furnished to an tArd-Chláraitheoir or the registrar,
an tArd-Chláraitheoir, where he or she is satisfied that it is appropriate to do so—
- (i) may cancel the entry and retain the entry so cancelled or direct a registrar to cancel the entry and retain the entry so cancelled in the register of births, stillbirths or deaths, and
- (ii) may make an entry or direct the registrar to make an entry, under and in accordance with Part 3 or 5, in relation to the birth, stillbirth or death concerned, in the register of births, stillbirths or deaths,
and the registrar shall comply with a direction given under paragraph (i) or (ii).]
- (5B) Required particulars, for the purpose of subsection (5A)(a) are required particulars—
- (a) as respects the register of births, furnished (except under section 19(5)) F275[to an tArd-Chláraitheoir or to the registrar] by a person other than a qualified informant,
- (b) as respects the register of stillbirths, furnished (except under subsection (6) or (7) of section 28) F275[to an tArd-Chláraitheoir or to the registrar] by a person other than a person referred to in paragraph (a) or (b) of subsection (1) of section 28, or
- (c) as respects the register of deaths, furnished F275[to an tArd-Chláraitheoir or to the registrar] by a person other than a qualified informant.]
- (6) Where an tArd-Chláraitheoir is satisfied that two or more entries have been made in a register maintained under section 13 in respect of the same event, he or she may direct a Superintendent Registrar, a registrar or an officer of an tArd-Chláraitheoir to cancel such of the entries as he or she may specify, and the direction shall be complied with and the cancelled entry or entries shall be retained in the register.
- (7) Where an tArd-Chláraitheoir is satisfied that an entry in the register of marriages relates to—
- (a) a marriage, one or both of the parties to which was or were under the age of 18 years at the time of the solemnisation of the marriage,
- (b) a marriage, as respects which one or more of the requirements specified in subsections (1) and (2) of section 46 and subsections (1) to (3) of section 51 were not complied with, F281[…]
- (c) a marriage to which there was an impediment, F282[or]
- F283[(d) a marriage (other than a marriage referred to in paragraph (c)) in relation to which there is a decree of nullity.]
an tArd-Chláraitheoir shall—
- (i) direct a registrar to cancel the entry and the direction shall be complied with and the cancelled entry shall be retained in the register, and
- (ii) notify the parties to the marriage, and the registered solemniser (within the meaning of Part 6), or the person temporarily authorised under section 57, who solemnised the marriage of the direction.
- F278[(8) If an tArd-Chláraitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)—
- (a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and
- (b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.
- (9) The classes referred to in subsection (8) are:
- (a) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) F284[of that section),]
- (b) a civil partnership to which there was F285[an impediment within the meaning of section 2(2A); and]
- F286[(c) a civil partnership (other than a civil partnership referred to in paragraph (b)) in relation to which there is a decree of nullity.]]
65. Enquiries by ArdChláraitheoir.
65.—(1) An tArd-Chláraitheoir may conduct or cause to be conducted such enquiries as he or she considers necessary to ascertain—
- (a) whether a birth, stillbirth, F287[death, marriage or civil partnership] required to be registered under this Act or the repealed enactments in the register maintained under paragraph (a), (b), (d) or (e), as may be appropriate, of section 13(1) has occurred and if it has—
- (i) whether it has been so registered, and
- (ii) if it has been, whether the particulars in relation to it in the entry in the register concerned are correct and complete.
- (2) An tArd-Chláraitheoir may, by notice in writing served on a person whom he has reason to believe may be able to provide him or her with information relevant to an inquiry under subsection (1), require the person to provide the information to him or her within such time (not being less than 28 days) from the date of the giving of the notice and in such manner as may be specified in the notice.
- (3) If an tArd-Chláraitheoir is satisfied that an event referred to in subsection (1) has occurred and that it has not been registered in the appropriate register referred to in that subsection or, if so registered, that the particulars in the entry in the register concerned in relation to it are incorrect or incomplete, he or she may register the event, or cause it to be registered, in the appropriate register or, as the case may be, correct or complete, or cause to be corrected or completed, the entry aforesaid.
66. Power of Ard-Chláraitheoir to give information to others.
66.—(1) F288[Notwithstanding anything contained in any other enactment, but subject to the Data Protection Regulation and the Data Protection Act 2018, an tArd-Chláraitheoir may] F289[…] give such information as may be prescribed in relation to births, F290[marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership], registered under this Act or under any of the repealed enactments to—
- (a) the Minister for Defence for the purpose of—
- (i) the administration of schemes under the Defence Forces (Pensions) Acts 1932 to 1975, or
- (ii) the administration of the Army Pensions Acts 1923 to 1980,
- (b) the Minister for the Environment, Heritage and Local Government for the purpose of registration in a register under the Electoral Act 1992,
- (c) the Minister for Foreign Affairs for the purpose of—
- (i) determining entitlements to passports, or
- (ii) verifying the identity of persons applying for or holding passports,
- (d) the Minister for Justice, Equality and Law Reform for the purpose of determining the immigration or citizenship status of persons,
- (e) the Minister for Social and Family Affairs for the purpose of—
- (i) determining entitlement to, or control of, benefit under the F291[Social Welfare Consolidation Act 2005], or
- (ii) F291[section 262] of that Act,
- (f) the Minister for Transport for the purpose of the grant of driving licences and provisional licences under Part III of the Road Traffic Act 1961,
- (g) the F292[Minister for Health for the purpose of] the enforcement of regulations under section 31 of the Health Act 1947 F292[and the Executive, hospital or] other body or agency participating in any cancer screening programme (including any programme of breast or cervical cancer screening) F292[authorised by the Minister for Health], for the purpose of compiling and maintaining a record of the names, addresses and relevant dates of persons who, for public health reasons, may be invited to participate in any such programme,
- F293[(ga) the Minister for the purpose of enabling him or her to perform his or her functions under the Health Identifiers Act 2014,]
- F294[(gg) the Minister for Education and Skills for the purpose of planning and co-ordinating under section 7 of the Education Act 1998.]
- (h) the Revenue Commissioners for the purpose of the administration of the Taxes Consolidation Act 1997, the Stamp Duties Consolidation Act 1999 and the Capital Acquisitions Tax Consolidation Act 2003,
- (i) F295[the Executive] for the purpose of determining entitlement to a service provided for, by or under section 45 F296[, 45A], 58, 59 or 61 of the Health Act 1970, and
- (j) a housing authority (within the meaning of the Housing Act 1966) for the purpose of—
- (i) the determination of entitlement to houses or grants under the Housing Acts 1966 to 2002,
- (ii) the determination of a rent or other payment under section 58 of the Housing Act 1966, or
- (iii) the preparation of a housing strategy under the F297[Planning and Development Act 2024].
- F288[(2) In this section—
"Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201628 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);
"information" includes personal data;
"personal data" means personal data within the meaning of—
- (a) the Data Protection Act 1988,
- (b) the Data Protection Regulation, or
- (c) Part 5 of the Data Protection Act 2018.]
67. Fees.
67.—(1) There shall be payable to an tArd-Chláraitheoir or the Superintendent Registrar, registrar, within the meaning of section 17, or authorised officer, concerned fees of such amounts (if any) as may be prescribed in respect of—
- (a) any performance of such functions of an tArd-Chláraitheoir, a Superintendent Registrar, a registrar, within the meaning of section 17, or an authorised officer as may be prescribed, and
- (b) such other matters as may be prescribed,
and the references aforesaid to registrar, within the meaning of section 17, include references to such a registrar acting as a registered solemniser (within the meaning of Part 6).
- F301[(1A) The Minister may prescribe—
- (a) a fee of a lesser amount than that prescribed under subsection (1), and
- (b) an enactment by or under which it is required that age, civil status or death is proved,
where the Minister is of the view that, in order that a person may comply with the enactment so prescribed, the lesser fee should be payable in respect of performance of functions under this Act relating to the giving of a copy certified to be a true copy, a copy, or a certified copy of an entry in a register maintained under section 13.]
- (2) A person referred to in subsection (1) may refuse to perform a function (other than a prescribed function) in respect of which a fee is payable under this Act if the fee is not paid to him or her.
- (3) A fee under this Act that is due and unpaid may be recovered from the person by whom it is payable by the person to whom it is payable as a simple contract debt in any court of competent jurisdiction.
- (4) Amounts received under this Act in respect of fees shall be disposed of in accordance with the directions of the Minister given with the consent of the Minister for Finance.
- F300[(5) There shall be payable to the Minister for Culture, Heritage and the Gaeltacht, or a relevant body, fees of such amounts (if any) as may be prescribed in respect of any performance by that Minister, or that body, of functions under subsection (2A) or (6) of section 61.]
67A. F302[Payments to certain registrars
67A.—(1) Subject to subsection (2), the Health Service Executive shall pay to persons to whom this section applies—
- (a) fees of such amount (if any) as may be prescribed in respect of the performance of such functions of a registrar within the meaning of section 17 as may be prescribed, and
- (b) allowances of such amount (if any) as may be prescribed in respect of such periods and at such intervals as may be prescribed.
- (2) The Health Service Executive shall not pay a fee to a person under subsection (1) unless it is satisfied that the person has performed the function to which the fee concerned relates.
- (3) For the purposes of satisfying the Health Service Executive that a fee under subsection (1) should be paid to a person, the person concerned shall provide the Health Service Executive with such information and documentation as may be prescribed in such form as may be prescribed.
- (4) This section applies to persons who—
- (a) are deemed under subsection (11) of section 17 to be registrars appointed under that section, and
- (b) were paid an allowance under a repealed enactment.]
68. Evidence of births, stillbirths and deaths.
68.—(1) An entry in the register of births, the register of stillbirths or the register of deaths shall not be evidence of the birth, stillbirth or death unless—
- (a) the entry purports to be signed by the person who gave the required particulars in relation to the birth, stillbirth or death, as the case may be, to the registrar concerned,
- (b) that person was a person who, at the time of the making of the entry, was required by this Act or the repealed enactments to give particulars in relation to the event concerned F303[…], and
- (c) the entry was made in accordance with the relevant provisions of this Act or the repealed enactments.
- (2) Paragraphs (a) and (b) of subsection (1) do not apply to—
- (a) an entry in the register of births made pursuant to section 3 of the Births, Deaths and Marriages Registration Act 1972, or
- (b) an entry in the register of deaths made pursuant to that section or section 41.
- F304[(2A) Paragraph (a) of subsection (1) does not apply to—
- (a) an entry in the register of births where subsection (4A) or (5A) of section 19, subsection (5A) of section 22, subsection (6A) of section 23 or subsection (6) of section 23A applies, or
- (b) an entry in the register of deaths where subsection (3A) or (3C) of section 37 applies or where subsection (2E) of section 41 applies.]
- (3) Where a birth, stillbirth or death is registered more than 12 months from the date of its occurrence, the relevant entry in the register of births, the register of stillbirths or the register of deaths, as the case may be, shall not be evidence of the occurrence unless it purports to have been made with the authority of an tArd-Chláraitheoir or an authorised officer of F305[the Executive].
68A. F307[Construction of references to provision of required particulars.
68A.—A reference in this Act or any other enactment to the provision by a person of required particulars in relation to a birth, stillbirth or […], to a registrar pursuant to this Act shall, from the commencement of section 5 of the Civil Registration (Electronic Registration) Act 2024, be construed as including a reference to the provision by a person of required particulars, in relation to a birth, stillbirth or […], by electronic means pursuant to section (19)(1)(ii), 28(1)(ii) or 37(1)(ii), as the case may be.]
69. Offences.
69.—(1) A registrar appointed under section 17 or an officer of the Courts Service or the Adoption Board who, otherwise than in accordance with this Act—
- (a) deletes or alters, or permits or procures the deletion or alteration of, information contained in a register or an index to a register, or
- (b) keeps, or permits or procures the keeping of, any information (other than information contained in or relating to a register or an index to a register) on a computer on which a register or an index to a register is kept,
is guilty of an offence.
- (2) In relation to a computer on which a register or an index to a register is kept, a person (including a person entitled to access information kept on the computer but excluding an tArd-Chláraitheoir, a Superintendent Registrar or a registrar) who, without the consent of an tArd-Chláraitheoir, a Superintendent Registrar or a registrar—
- (a) deletes or alters, or permits or procures the deletion or alteration of, information kept on the computer, or
- (b) keeps, or permits or procures the keeping of, information (other than information contained in or relating to a register or an index to a register) on the computer whether the keeping is done directly or by adjusting or damaging the computer or its programming or another computer or its programming,
is guilty of an offence.
- F309[(3A) A person who provides by electronic means particulars or information which he or she knows to be false or misleading is guilty of an offence.]
- (3) A person who gives to a registrar particulars or information which he or she knows to be false or misleading is guilty of an offence.
- (4) A registrar who, without reasonable cause, fails or refuses to register a birth, stillbirth, marriage F310[, civil partnership] or death or to include in the relevant entry in the appropriate register any of the particulars required by this Act to be entered in the register in relation to the occurrence and given to him or her by a person required so to do by this Act or the repealed enactments, is guilty of an offence.
- (5) A person who is required by this Act to give to a registrar the required particulars relating to a birth, a new born child found abandoned, a stillbirth or a death and who, without reasonable cause, fails or refuses to answer a question put to him or her by a registrar in relation to those particulars is guilty of an offence.
- F320[(5A) A person who, without reasonable cause, fails or refuses to furnish evidence requested by the registrar under F311[subsection (1)] or (3)(ba) of section 19, or F311[subsection (1)] or (2)(ba) of section 37 is guilty of an offence.]
- (6) A person who is required by this Act to sign a register in the presence of a registrar and who, without reasonable cause, fails or refuses to do so is guilty of an offence.
- (7) A person who is required by this Act (other than section 41) to give a certificate to a registrar F309[or an tArd-Chláraitheoir] and who, without reasonable cause, fails or refuses to do so is guilty of an offence.
- (8) A person who, without reasonable cause, fails or refuses to comply with a direction given to him or her under section 13(6) or a requirement in a notice given to or served on him or her under section 19(3), F320[22(1B)(ii), 22(3A),] 24(5), F312[30G(2),] 37(2), 50(2), 64(2) or 65(2) is guilty of an offence.
- (9) A registrar who, without reasonable cause, fails or refuses to give a marriage registration form to one of the parties to an intended marriage in respect of which he or she has received, pursuant to section 46, a notification under subsection (1)(a)(i) of that section or a copy of an order under section 47 granting an exemption from the application of the said subsection (1)(a)(i) is guilty of an offence.
- F313[(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.]
- (10) A person who—
- (a) contravenes subsection (2) or (3) of section 51,
- (b) not being a registered solemniser (within the meaning of Part 6), or the holder of a temporary authorisation under section 57, conducts a marriage ceremony in such a way as to lead the parties to the marriage to believe that he or she is solemnising a valid marriage,
- (c) being a registered solemniser (within the meaning aforesaid) or such a holder as aforesaid, solemnises a marriage without a marriage registration form having been given to him or her before the solemnisation for examination by him or her,
- (d) contravenes paragraph (a) or (b) of section 55(3),
- (e) solemnises a marriage other than at a place chosen in accordance with section 52,
- (f) solemnises or is a party to a marriage in relation to which, to his or her knowledge, subsection (1) or (2) of section 46 is not complied with,
- F314[(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section), ]
- (g) being the holder of a temporary authorisation under section 57, solemnises a marriage not specified in the authorisation or solemnises a marriage during a period not so specified,
- (h) lodges an objection under section 58 F315[or 59F] that he or she knows to be without foundation,
- (i) makes and signs a declaration under section 46(1)(b) F316[, or 59B(1)(b)] or makes a declaration specified in section 51(4)(a) which he or she knows to be F317[false or misleading,]
- (j) not being a registrar, deletes or alters information in relation to the parties to a marriage on a marriage registration F318[form, or]
- F319[(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,]
shall be guilty of an offence.
- (11) A person who, without reasonable cause, contravenes section 19(1), 21(1), 24(4), 37(1) or 73(4) is guilty of an offence.
- (12) A person who contravenes a provision of regulations under this Act that is stated in the regulations to be a penal provision is guilty of an offence.
- (13) In this section “register” means a register maintained under section 13.
70. Penalties.
70.—(1) A person guilty of an offence under F321[subsection (1), (2), (3) or (3A)] of section 69 shall be liable—
- (a) on summary conviction, to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both, or
- (b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.
- (2) A person guilty of an offence under subsection (4), (5), F323[(5A),] (6), (7), (8), F322[(9), (9A),] (10), (11) or (12) of section 69 shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.
71. Prosecution of offences.
71.—(1) Proceedings for a summary offence under this Act or a regulation thereunder may be brought and prosecuted by an tArd-Chláraitheoir or F324[the Executive].
- (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for a summary offence under this Act or a regulation thereunder may be commenced against a person at any time within 12 months from the date on which evidence that, in the opinion of an tArd-Chláraitheoir or F324[the Executive] is sufficient to justify the bringing of the proceedings comes to his, her or its notice.
- (3) In proceedings for a summary offence under this Act, a document purporting to be signed by an tArd-Chláraitheoir or a person authorised in that behalf by him, her or F324[the Executive] and to state the date on which evidence referred to in subsection (2) came to his, her or its attention is prima facie evidence of that date and it shall be deemed to have been signed by an tArd-Chláraitheoir or the person authorised as aforesaid and, in case it purports to have been signed by a person so authorised, to have been signed in accordance with the authorisation unless the contrary is shown.
- (4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
72. Service etc., of documents.
72.—Where a notice, certificate or other document is authorised or required by or under this Act to be given or furnished to or served on a person or an application in writing is authorised by this Act to be made to a person, the giving, furnishing, serving or making may be effected in any of the following ways—
- (a) where it is addressed to him or her by name, by delivering it to the person,
- (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address, or
- (c) by sending it by ordinary prepaid post addressed to him or her at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address.
73. Vital statistics.
73.—(1) In this section, vital statistics means statistics in relation to—
- (a) births,
- (b) stillbirths,
- (c) deaths,
- (d) marriages,
- F325[(dd) civil partnerships,]
- (e) decrees of divorce,
- F326[(f) decrees of nullity F325[of marriage], or
- F325[(ff) decrees of dissolution,
- (fff) decrees of nullity of civil partnership,]
- (g) any other prescribed matters.]
- (h) F327[…]
- (2) The Minister may collect, compile, abstract and publish vital statistics.
- (3) The Minister may by regulations provide for giving effect to this section and the regulations may, in particular, include—
- (a) in the case of any birth, stillbirth, death, marriage, F328[decree of divorce or decree of nullity] F325[of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,], provisions requiring that specified information relating to the birth, stillbirth, death, marriage, F328[decree of divorce or decree of nullity] F325[of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,] shall be furnished to F329[an tArd-Chláraitheoir or the registrar concerned] within a specified period,
- (b) in the case of any other matter the subject of vital statistics, provision that specified information relating to the matter be furnished to a specified person within a specified period,
- (c) provision for the recording of information received pursuant to the regulations and its transmission to the Minister or any other specified person.
- (4) A person engaged in receiving information furnished pursuant to regulations under this section or in the collection, compilation, abstraction or publication of vital statistics shall not disclose any such information in a form that identifies, or enables the identification of, a person to whom it relates unless the disclosure is to another person so engaged or a necessary for the purposes of a prosecution under this Act.
- (5) Information referred to in subsection (4) may be disclosed to persons engaged in medical or social research or to F330[medical practitioners employed by the Executive] if the Minister consents in writing to the disclosure and the disclosure complies with such conditions (if any) as are attached to the consent; and the Minister is hereby authorised to attach such conditions as he or she considers appropriate to a consent under this subsection.
- (6) In lieu of acting by his or her own officers for the purposes of this section and the regulations thereunder, the Minister may arrange with any other Minister of the Government—
- (a) for the collection, compilation, abstraction and publication by officers of that Minister of the Government of any vital statistics, or
- (b) for the performance by those officers of any other functions provided for by this section or the regulations thereunder.
- (7) This section is without prejudice to any other obligation imposed by or under this or any other Act to give information in relation to a birth, stillbirth, death, marriage, F331[decree of divorce or decree of nullity] F325[of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,] or any other matter.
FIRST SCHEDULE Particulars to be Entered in Registers
PART 1 Particulars to be Entered in Register of Births
Date and place of birth.
Time of birth.
Sex of child.
Forename(s) and surname* of child.
Personal public service number of child.
Forename(s), surname, birth surname, address and occupation of mother.
Former surname(s) (if any) of mother.
Date of birth of mother.
F333[Civil status] of mother.
Personal public service number of mother.
Birth surname of mother's mother.
Forename(s), surname, birth surname, address and occupation of father.
Former surname(s) (if any) of father.
Date of birth of father.
F333[Civil status] of father.
Personal public service number of father.
Birth surname of father's mother.
F334[F335[Forename(s), surname, birth surname, address and occupation of parent.
Former surname(s) (if any) of parent.]
Date of birth of parent.
Civil status of parent.
Personal public service number of parent.
Birth surname of parent’s mother.]
Forename(s), surname, qualification, address and signature of informant.
Date of registration.
F336[Name of registrar (where applicable)].
PART 2 Particulars to be Entered in Register of Stillbirths
Date and place of birth.
Time of birth.
Sex of child.
Weight of child.
Gestational age of child.
Forename(s) and surname* of child.
F338[…]
Forename(s), surname, birth surname, address and occupation of mother.
Former surname(s) (if any) of mother.
Date of birth of mother.
F339[Civil status] of mother.
Personal public service number of mother.
Birth surname of mother's mother.
Forename(s), surname, birth surname, address and occupation of father.
Former surname(s) (if any) of father.
Date of birth of father.
F339[Civil status] of father.
Personal public service number of father.
Birth surname of father's mother.
F340[F341[Forename(s), surname, birth surname, address and occupation of parent.
Former surname(s) (if any) of parent.]
Date of birth of parent.
Civil status of parent.
Personal public service number of parent.
Birth surname of parent’s mother.]
Forename(s), surname, qualification, address and signature of informant.
Date of registration.
F342[Name of registrar (where applicable)].
F343[PART 2A Particulars to be entered in Register of Gender Recognition
Section 30B
Date and place of birth.
Time of birth.
Sex of child.
Forename(s) of child.
Surname of child.
Personal public service number of child.
Forename(s), surname, birth surname, address and occupation of mother.
Former surname(s) (if any) of mother.
Date of birth of mother.
Civil status of mother.
Personal public service number of mother.
Birth surname of mother’s mother.
Forename(s), surname, birth surname, address and occupation of father.
Former surname(s) (if any) of father.
Date of birth of father.
Civil status of father.
Personal public service number of father.
Birth surname of father’s mother.
Forename(s), surname, qualification, address and signature of informant.
Registration District and Area.
Date of registration.
Signature of an tArd-Chláraitheoir.]
F344[PART 2B Particulars to be entered in Register of Gender Recognition
Section 30B
Personal public service number of child.
Date and country of birth of child.
Sex of child.
Forename(s) and surname of child.
Forename(s), surname(s), birth surname(s), address and occupation(s) of adopters.
Former surname(s) of adopters.
Date(s) of birth of adopters.
Marital status of adopter or adopters.
Personal public service number(s) of adopter or adopters.
Date of adoption order.
Date of registration.
Signature of an tArd-Chláraitheoir.]
F345[PART 2C Particulars to be Entered in Register of Parental Orders for Surrogacy]
PART 3 Particulars of Adoptions within the State to be Entered in Register of Adoptions
F346[…]
PART 4 Particulars of Foreign Adoptions to be Entered in Register of Adoptions
F347[…]
PART 5 Particulars of Deaths to be Entered in Register of Deaths
Date and place of death.
Place of birth of deceased.
Sex of deceased.
Forename(s), surname, birth surname and address of deceased.
Personal public service number of deceased.
F348[Civil status] of deceased.
Date of birth F354[…] of deceased.
Profession or occupation of deceased.
F349[If deceased was married or a civil partner, the profession or occupation of spouse or civil partner.]
If deceased was less than 18 years of age on date of death, occupation(s) of his or her parent(s) or guardian(s).
Forename(s) and birth surname of father of deceased.
Forename(s) and birth surname of mother of deceased.
F350[Forename(s) and birth surname of parent of deceased.]
F351Certified cause of death, duration of illness and date of notification under *[section 42]*.
F352[Forename(s), surname, qualification, address and (where applicable) signature of informant.]
If an inquest in relation to the death or a post-mortem examination of the body of deceased was held, the forename, surname and place of business of coroner concerned.
Date of registration.
F351[Name of registrar (where applicable)].
F355[PART 5B Particulars of Presumed Deaths to be Entered in the Register of Presumed Deaths
date and place of presumed death (or most accurate estimate of date and place of presumed death);
place of birth of missing person;
sex of missing person;
forename(s), surname, birth surname and address of missing person;
personal public service number of missing person;
civil status of missing person;
date of birth of missing person;
profession or occupation of missing person;
if missing person was married or in a civil partnership, the name and profession or occupation of spouse or civil partner;
if missing person was less than 18 years of age on presumed date of death, occupation(s) of his or her parent(s) or guardian(s);
forename(s) and birth surname of father of missing person;
forename(s) and birth surname of mother of missing person;
forename(s) and birth surname of parent of missing person;
forename(s), surname, qualification, address and signature of informant;
a copy of the presumption of death order made under section 5 of the Act of 2019;
the forename, surname and place of business of the judge that made the presumption of death order;
date of registration;
signature of registrar.]
PART 6 Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce
Court by which the decree was granted.
Year and record number of the proceedings.
Forenames, surnames and birth surnames of the parties to the proceedings.
Personal public service numbers of the parties to the proceedings.
Date and place of marriage.
Date of the decree.
Date of registration.
Forename(s) and surname of officer of Courts Service specified in section 59(1).
F356[PART 6A Particulars to be Entered in Register of Dissolutions
Court by which the decree was granted.
Year and record number of the proceedings.
Forenames, surnames and birth surnames of the parties to the proceedings.
Personal public service numbers of the parties to the proceedings.
Date and place of civil partnership registration.
Date of the decree.
Date of registration of the decree.
Forenames and surname of officer of Courts Service.]
PART 7 Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity F357[of Marriage]
Court by which the decree was granted.
Year and record number of the proceedings.
Forename, surnames and birth surnames of the parties to the proceedings.
Personal public service numbers of the parties to the proceedings.
Date and place of marriage.
Declaration of court.
Date of the decree.
Date of registration.
Forename(s) and surname of officer of Courts Service specified in section 59(2).
F358[PART 7A Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership
Court by which the decree was granted.
Year and record number of the proceedings.
Forenames, surnames and birth surnames of the parties to the proceedings.
Personal public service numbers of the parties to the proceedings.
Date and place of civil partnership registration.
Declaration of court.
Date of the decree.
Date of registration.
Forenames and surname of officer of Courts Service.]
SECOND SCHEDULE Enactments Repealed
| Session and Chapter or Number and Year | Short Title | Extent of Repeal |
| (1) | (2) | (3) |
| 7 & 8 Vict., c. 81 | Marriages (Ireland) Act 1844 | The whole Act. |
| 9 & 10 Vict., c. 72 | Marriages (Ireland) Act 1846 | The whole Act. |
| 23 & 24 Vict., c. 18 | Marriage (Society of Friends) Act 1860 | The whole Act. |
| 26 Vict., c. 11 | Registration of Births and Deaths (Ireland) Act 1863 | The whole Act. |
| 26 Vict., c. 27 | Marriage Law (Ireland) Amendment Act 1863 | The whole Act. |
| 26 & 27 Vict., c. 90 | Registration of Marriages (Ireland) Act 1863 | The whole Act other than sections 7, 8, 12, 21 and 25. |
| 33 & 34 Vict., c. 110 | Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 | Sections 32 to 40 and 42. |
| 34 & 35 Vict., c. 49 | Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 | Sections 21 to 29. |
| 35 & 36 Vict., c. 10 | Marriage (Society of Friends) Act 1872 | The whole Act. |
| 36 & 37 Vict., c. 16 | Marriage Law (Ireland) Amendment Act 1873 | The whole Act. |
| 57 & 58 Vict., c. 60 | Merchant Shipping Act 1894 | Section 254. |
| 43 & 44 Vict., c. 13 | Births and Deaths Registration Act (Ireland) 1880 | The whole Act. |
| No. 13 of 1931 | Legitimacy Act 1931 | Section 1(4) and the Schedule. |
| No. 34 of 1936 | Registration of Births and Deaths Act 1936 | The whole Act. |
| No. 35 of 1936 | Registration of Marriages Act 1936 | The whole Act. |
| No. 47 of 1936 | Marriages Act 1936 | The whole Act. |
| No. 8 of 1952 | Vital Statistics and Births, Deaths and Marriages Registration Act 1952 | The whole Act. |
| F359[…] | F359[…] | F359[…] |
| No. 44 of 1960 | Defence (Amendment) (No. 2) Act 1960 | Section 6. |
| No. 9 of 1962 | Coroners Act 1962 | Sections 50 and 51. |
| No. 25 of 1972 | Births, Deaths and Marriages Registration Act 1972 | The whole Act. |
| No. 30 of 1972 | Marriages Act 1972 | The whole Act. |
| No. 26 of 1987 | Status of Children Act 1987 | Section 48. |
| No. 1 of 1989 | Garda Síochána Act 1989 | Section 4. |
| F359[…] | F359[…] | F359[…] |
| No. 1 of 1994 | Stillbirths Registration Act 1994 | The whole Act. |
| No. 26 of 1995 | Family Law Act 1995 | Section 32; In section 33(1), the words “or section 32(1) (a) or both of those provisions”. |
| No. 36 of 1996 | Registration of Births Act 1996 | The whole Act other than subsections (4) and (4A) of section 1. |
F360[THIRD SCHEDULE Prohibited Degrees of Relationship
A person may not enter a civil partnership with someone within the prohibited degrees of relationship, as set out in the table below. Relationships within that table should be construed as including relationships in the half-blood (e.g. sibling includes a sibling where there is only one parent in common, etc.), and all the relationships include relationships and former relationships by adoption.
| A man may not enter a civil partnership with his: | A woman may not enter a civil partnership with her: |
| Grandfather | Grandmother |
| Grandparent’s brother | Grandparent’s sister |
| Father | Mother |
| Father’s brother | Mother’s sister |
| Mother’s brother | Father’s sister |
| Brother | Sister |
| Nephew | Niece |
| Son | Daughter |
| Grandson | Granddaughter |
| Grandnephew | Grandniece] |
Footnotes
OJ No. L 119, 4.5.2016, p.1
OJ No. L 119, 4.5.2016, p.1
O.J. No. l 65, 5.3.2014, p. 10-26.
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