PRACTICE NOTE ON REGISTRATION OF FATHER’S NAME ON BIRTH CERTIFICATE
We receive many queries regarding the registration of a father's name on the birth certificate of an Irish citizen child where the couple is not married. We can summarise the procedure as follows:
If the mother of the child is married to someone else other than the father of the child, her husband must complete a statutory declaration to state that he is not the father on form CRA 7 available from the Registry Office.
Alternatively, the mother must complete a statutory declaration stating that she is divorced, judicially separated or living apart under a decree of nullity for more than 10 months prior to the birth of the child. She must accompany form CRA 8 with a court order i.e. a Decree of Divorce.
If neither of these options suit, an order from the court may be submitted by the mother or the father naming him as father of the child, in respect of an application for Guardianship/Maintenance or other application under the Social Welfare Act. Form CRA 5 is used by the mother of the child and Form CRA 6 must be used by the father.
Some of our clients have been advised to apply to court for guardianship prior to registration of the father’s name on the child’s birth certificate in cases where the mother remains married to someone else, but has no contact with her husband. If she was in touch with her husband and he was willing to assist, we were advised that she could arrange to have form CRA 7 sworn by her husband, attend the Registry Office with the father of the child who must produce his passport and registration would proceed.
Where the parents of the child are not married to each other and wish to include the father's details where these were not included before, the couple should make enquiries directly with a Registrar of Births, Deaths & Marriages. The Registrar will advise you as to what documents and information will be required. We contacted the Dublin Registry Office and in cases where the mother is not already married it appears that both need to produce passports and attend for a meeting with the Registrar.
Difficulties will obviously arise if the father is unable to produce his passport for registration. We have advised some of our clients that the best way forward in these cases is to apply for guardianship before the courts prior to registration. We have sought the return of passports that have been held for several years with the Garda National Immigration Bureau in cases where the client is the father of an Irish citizen child.
You can contact the General Register Office for more information.