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