This content is provided for information purposes only and is not legal advice. If you are unsure as to the legal status or benefit of any actions or have a complex situation that is not addressed here, please contact a Solicitor if you have access to one or contact FLAC www.flac.ie who may be able to assist you. Information last updated April 2021.
- The Child’s birth must be registered initially with only the birth mother’s details. Information on how to register a birth in Ireland is available from Citizens Information here:
- An application must be made to the District Court (where both parents are in agreement) for a Declaration of Parentage under section 21 of the CFRA. The application requires a Notice of Application form (summons) and grounding affidavits for the person recorded as the mother of the child and the Intending Parent.
The Notice of Application form to be used is Form No. 58.54 as per the District Court rules and available at https://www.courts.ie/content/forms-civil-proceedings LGBT Ireland have previously made template documents available for use for these applications and the template affidavits can still be used. You can access them here: https://lgbt.ie/important-information-on-the-children-and-family-relationships-act-cfra-2015/
Notes for completing applications:
- The template documents prepared by LGBT Ireland are headed DUBLIN METROPOLITAN DISTRICT COURT. These documents can be used in any other District so long as those words are replaced with DISTRICT COURT AREA OF [X] DISTRICT NO. [X] (visible in Red in the Template affidavits). You can find your relevant District here: http://www.courts.ie/courts.ie/library3.nsf/16c93c36d3635d5180256e3f003a4580/6e19c8b0f80451c9802580ab0048e44f?OpenDocument
- If a foreign clinic was used, the text in red regarding the clinic should be used. If an Irish clinic was used, remove the red text.
- While the template documents have been created to be easy to complete, the affidavits must be sworn before a Practising Solicitor or Commissioner for Oaths.
- The summons does not require a notice party to be entered (unless directed otherwise by a Judge).
- The majority of entries on the summons are in the format of [NAME] of [ADDRESS].
- The completed papers should be posted or hand delivered to your relevant District Family Court Office who can provide the date and time of the application to be heard before the court.
3. When the Court Order (Declaration of Parentage) is received, an application can be made to the General Registrar’s Office (GRO) to Re-Register the birth with both names on the Birth Certificate. The GRO has made available an application form for this purpose here:
Notes on making an application:
- If the child was registered with the Birth Mother’s surname, an alternative surname can be applied for provided both parents sign the re-registration application form. The new surname should match the surname recorded on the court order.
- The Birth Mother has the option of Mother or Parent to appear as their label.
- Where the second Parent is female, they will automatically be assigned Parent as their label.
- Where the second Parent is male, they have the option of Father or Parent to appear as their label.