Dáil Éireann Debate, Wednesday - 19 January 2022
881. Deputy Louise O'Reilly asked the Minister for Social Protection the reason women who were previously married but subsequently obtained a divorce are being asked to secure the signature of their divorced partner when they attempt to register the birth of a child with their new partner; if she will raise this with the General Register Office; and if she will make a statement on the matter. [63149/21]
Amharc ar fhreagraPart 3 of the Civil Registration Act 2004, as amended, sets out the documentary evidence required to register a birth to include the new partner's details where the mother was married on the date of birth or at any time during the 10 months immediately preceding the birth.
This documentary evidence can be:
i) a statutory declaration from the husband that he is not the father of the child, or
ii) a statutory declaration from the mother that she has been living apart from the husband for more than 10 months by virtue of a decree of divorce, a deed of separation, a decree of nullity of marriage or a decree of divorce a mensa et thoro.
Alternatively, the mother or father or both can provide a court order naming the new partner as father of the child.
If the mother was divorced from the husband more than 10 months prior to the birth there is no requirement to provide evidence that the husband is not the father.
I trust this clarifies the position for the Deputy.
