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name on birth cert

  • 02-10-2010 6:50pm
    #1
    W00LEY
    Closed Accounts Posts: 30 ✭


    Hi,

    Can I put my name on my child's birth cert without the mother's permission? I am a court appointed guardian.What is involved in doing this?

    Thanks


Comments

  • #2
    Mooo
    Registered Users Posts: 73 ✭✭Mooo


    If youre in Dublin, if you go to Dolphin House you should be able to get a response in regards to birth cert ammendment and guardianship. Registrar of births, deaths and marriages should also be able to comment on this. If you are seeking your name to be put on the birth cert without the mothers consent I imagine this would have to go through the family courts under a section 47 (which dispenses with the mothers consent). As far as Im aware placing your name on the birth cert is the route taken in regards to adoption and not in matters solely involving guardianship. Legal aid board is a good service to contact and could provide more solid information.

    I suppose I would be curious about your appointed guardianship - the response to your request will be different say if mom is still on the scene or if there are orders made in respect of her children, if it is full guardianship, co-guardianship or if the parent is deceased, whether dad is on the birth cert or the putative father is involved in the care of the child etc...


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    section 47 of the 2004 Act deals with exemptions from the notification/age requirements for marriage.

    s. 23 of the 2004 act deals with registering the name of the father. The problem is without the consent of the mother it can only be done with a declaration of parentage from the circuit court. To do this you need to get a solicitor.

    The legal aid board funds alot of family cases, but a case like this will probably fail their merits test. They'll ask what benefit will acrue from being registered as the child's father.


  • #4
    Mooo
    Registered Users Posts: 73 ✭✭Mooo


    ***i edited this as i referred to the wrong act!**

    are you asking from the perspective of being the named father on the birth cert?

    To proved parentage you can request D.N.A testing from clinics such as blackrock clinic but the child would need to be met also and the mother may not consent to this. However, in regard to the United Nations Convention on the Rights of the Child -children have a right to know their parents - thus efforts to prove paternity coincide with this right. This could perhaps be used if requesting support from the legal aid board.


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Thats a UK statute above, not really relevant in the Republic of Ireland.


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