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http://FamilyLawIrelandHq.com

http://FamilyLawIrelandHq.com 046/95 49 614
Status of Children Act, 1987







The Status of Children Act, 1987 makes
provision for declarations of parentage.
This will involve an application to the Circuit
Court that a person is his/her mother or
father, even where the parent is dead.
The Status of Children Act, 1987 also provides
for blood tests including DNA testing, where
parentage is in dispute, to be carried out.
The Court can make this order of it’s own
volition or a party to the legal proceedings can
apply to the Court for such an order.

http://FamilyLawIrelandHq.com 046/95 49 614
Family Law Civil Bill


Proceedings to obtain a declaration of
parentage are commenced with a
Family Law Civil bill issued in the Circuit
Court.

http://FamilyLawIrelandHq.com 046/95 49 614
Presumptions of paternity
The Status of Children Act, 1987
provides a presumption of paternity
where a couple is married and
presumes that the husband is the father
of the child.
 Like all legal presumptions, this can be
rebutted by evidence on the balance of
probabilities.


http://FamilyLawIrelandHq.com 046/95 49 614
Unmarried parents
In an unmarried parents situation there is
no presumption in law as to the father of
the child, unless the man has been named
on the birth certificate as the father.
 Fathers who acknowledge paternity can
have their names added to the birth
certificate.
 If a father is not named on the birth
certificate then he may have to prove
paternity to the Court if he wishes to apply
for access, guardianship or custody.


http://FamilyLawIrelandHq.com 046/95 49 614
Births and Deaths Registration
(Ireland) Act, 1880






The Status of Children Act, 1987 amends the Births
and Deaths Registration (Ireland) Act, 1880 to allow
the insertion of the natural father’s name on the
child’s birth certificate
If both parents agree or
If there is a Court order naming him as the father.
However where a child is born to a mother who is
married, and the husband is not the father, the
required statutory declaration will be different as it
will require a statement from the husband that he is
not the father or a statement from the mother that
she had been living apart from the husband for ten
months prior to the birth or a Court order naming the
father.

http://FamilyLawIrelandHq.com 046/95 49 614
Terry Gorry & Co. Solicitors
Main Street
 Enfield
 Co. Meath
 Tel: 046/95 49 614 or 086/81 21 797
 http://FamilyLawIrelandHq.com
 http://BusinessAndLegal.ie


http://FamilyLawIrelandHq.com 046/95 49 614

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How to Obtain a Declaration of Parentage in Ireland

  • 2. Status of Children Act, 1987     The Status of Children Act, 1987 makes provision for declarations of parentage. This will involve an application to the Circuit Court that a person is his/her mother or father, even where the parent is dead. The Status of Children Act, 1987 also provides for blood tests including DNA testing, where parentage is in dispute, to be carried out. The Court can make this order of it’s own volition or a party to the legal proceedings can apply to the Court for such an order. http://FamilyLawIrelandHq.com 046/95 49 614
  • 3. Family Law Civil Bill  Proceedings to obtain a declaration of parentage are commenced with a Family Law Civil bill issued in the Circuit Court. http://FamilyLawIrelandHq.com 046/95 49 614
  • 4. Presumptions of paternity The Status of Children Act, 1987 provides a presumption of paternity where a couple is married and presumes that the husband is the father of the child.  Like all legal presumptions, this can be rebutted by evidence on the balance of probabilities.  http://FamilyLawIrelandHq.com 046/95 49 614
  • 5. Unmarried parents In an unmarried parents situation there is no presumption in law as to the father of the child, unless the man has been named on the birth certificate as the father.  Fathers who acknowledge paternity can have their names added to the birth certificate.  If a father is not named on the birth certificate then he may have to prove paternity to the Court if he wishes to apply for access, guardianship or custody.  http://FamilyLawIrelandHq.com 046/95 49 614
  • 6. Births and Deaths Registration (Ireland) Act, 1880     The Status of Children Act, 1987 amends the Births and Deaths Registration (Ireland) Act, 1880 to allow the insertion of the natural father’s name on the child’s birth certificate If both parents agree or If there is a Court order naming him as the father. However where a child is born to a mother who is married, and the husband is not the father, the required statutory declaration will be different as it will require a statement from the husband that he is not the father or a statement from the mother that she had been living apart from the husband for ten months prior to the birth or a Court order naming the father. http://FamilyLawIrelandHq.com 046/95 49 614
  • 7. Terry Gorry & Co. Solicitors Main Street  Enfield  Co. Meath  Tel: 046/95 49 614 or 086/81 21 797  http://FamilyLawIrelandHq.com  http://BusinessAndLegal.ie  http://FamilyLawIrelandHq.com 046/95 49 614