The Registration of Births Act, 1996 dealt with the issue of the re-registration of the birth of a child registered on or after the 1st of October 1997. Section 1(4) in particular stated that “when the birth of any child is being re-registered, after the commencement of this Act, being a birth which has been registered after the commencement of this Act, the surname of the child shall be that which has been so registered”. This facilitated re-registration of the birth to include for example, the father’s name or any other significant details on the birth certificate.

It was limited however to the extent that the surname of the child could not be changed in relation to births registered after the 1st October 1997. It should be noted that births which were registered prior to the 1st October 1997 can be re-registered following the marriage of the parents to each other under the Legitimacy Act, 1931 and on that occasion a surname must be assigned to the child on the new registration. Births which were registered after the 1st October 1997 could be re-registered following the marriage of the parents to each other only if the first registration contained the mother’s details only. It was not possible however to change the child’s surname in this case. Births which were registered after the 1st October 1997 and which included details of both the mother and father could not be re-registered on a subsequent marriage. The only option open to such parents who wished to change the surname of their child was to apply to have the child’s name changed by way of Deed Poll.

The 1996 Act also specified the surnames which could be chosen by the parents on the registration of the child’s birth. These remain unchanged and include;

• the name of the mother or father of the child or of both of them,
• such other surname requested by either the mother or father as may be permitted by An tArd Chlaraitheoir and
• in the case where no information regarding the parentage of the child is available any such surname as the informant may specify.

The Social Welfare (Miscellaneous Provisions) Act 2002 which came into force on the 17th October 2002 has amended Section 1(4) in its entirety in relation to re-registration of births. This new section provides that where a birth, the registration of which (i) took place on or after the 1st October 1997 and before the coming into operation of this section, or (ii) takes place after the coming into operation of this section, is being re-registered “the surname of the child shall be –

(i) that which has been so registered, or

(ii) the surname jointly agreed by the mother and father of the child”.

This amendment allows for a child’s surname to be changed on the re-registration of the birth provided the parents are in agreement and the original registration of the birth took place on or after the 1st October 1997. Sub-section 4(b) goes on to state that where a birth is so re-registered it may not be further re-registered.

Subsection (4A) however makes provision for a subsequent re-registration on the joint application of the mother and father of the child “made in the form for the time being approved by the Minister for that purpose”. The new name must be jointly agreed by the father and the mother of the child and is only applicable in the case of a birth which was re-registered before the coming into operation of the 2002 Act, being the 17th October 2002.

Finally, the 2002 Act also amended the “Particulars of Births to be Registered” to include for example the PPS number of both parents and of the child. The particulars now to be included on the birth certificate are;

1. (a) Date and place of birth.

(b) The time of birth, in the case of a multiple birth.

2. In respect of the child:

(a) forename(s) and surname;

(b) sex;

(c) personal public service number;

(d) forename(s) if added after registration birth and relevant date;

(e) mother’s forename(s) and surname, address and occupation;

(f) mother’s surname (as at birth);

(g) mother’s date of birth;

(h) mother’s personal public service number;

(i) father’s forename(s) and surname, address and occupation;

(j) father’s surname (as at birth);

(k) father’s date of birth;

(l) father’s personal; public service number;

(m) forename(s) and surname, signature, and qualification of informant(s).

3. Date of Registration.

4. Signature of Registrar.

It is clear from the above that the provisions of the 2002 Act widen the circumstances in which the parents can apply to re-register the birth of their child. The reasons for this are many and varied and may for example include the situation where the child’s name is different to his/her younger siblings. Prior to the 2002 Act this may not have been possible. It is also obvious that full and detailed records will be compiled on the registration of each child born within the State to include a PPS number for the child and also the PPS numbers of his/her parents. The reasons for requiring the PPS numbers have not been specified by the legislature. Finally, parents should bear in mind that merely including the natural fathers name on the birth certificate does not automatically infer rights of guardianship on the natural unmarried father. More detailed information on the issues of guardianship, custody and access are available on our website or by contacting our Family Law Department.

Deirdre O’Riordan

Private Client Department

Back