hello and welcome to this short video on how to obtain a declaration of parentage
my name is Terry gory I'm a solicitor and you can find some more information
about family law in Ireland at my website which you see on the screen
there family law Ireland HQ com and this video as I say is going to look at how
to obtain a declaration of parentage the status of Children Act 1987 it makes
provisions for declarations of parentage this will simply involve an application
to the circuit court not a district court that a person is his or her mother
or father even when the parent is dead the Act also provides for blood tests
including DNA testing where parentage is in dispute to the carried out the court
can make this order of its own volition or a party to the legal proceedings can
apply to the court for such an order on many occasions parentage is in dispute
sometimes it's not and where it's in this view DNA testing can be ordered
generally the cost of such testing will be borne by the parties themselves
proceedings then to obtain a declaration of parentage in the circuit court are
commenced to a family law civil Bill status of children like 1987 it provides
a presumption of maternity wear a couple is marriage and presumes that the
husband is the father of the child like all legal presumptions however this can
be reported by evidence on the balance of probabilities in an unmarried parents
situation there's 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
acknowledged paternity can have their names added to the birth cert his father
is not named on the birth cert then he may have to prove paternity to the court
if he wishes to apply for access guardianship custody the births and
deaths registration Ireland active 1880 was an important piece of legislation in
this area it has been a managed by the status of children act of nature
7 because it allows the insertion of the natural father's name on the child's
birth cert if both parents agree or if there's a court order naming him as the
father generally there's no difficulty in relation where relation to the
situation where both parents agree however you may find a difficulty on in
some exceptional situation squared board parents agree for the Civil Registration
or the civil registrar refuses to add the father for example as the parent of
the child and will insist that you go to the circuit court to obtain a
declaration of parentage this can happen actually innovation to people who have
come to Ireland from abroad where a question may be raised as to the
domicile of the father at the time of the registration of the birth of the
child however where a child is born to a mother whose mind and a husband is not a
father the required statutory declaration will be different as it will
require a statement from the husband that he is not a 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 this is a pretty short
video it just looks it's an overview of the declaration of parentage situation
it is important for children for succession actor succession rights for
example and various other rights that father would be named on the birth cert
so this is an opportunity or way where child can obtain a decoration of
parentage and have the father registered on the birth cert my name is Terry gory
as the same and solicitor day in enfield county pays by contact details on screen
there you can check out more information free information about family law in
ireland ashe family law ireland HQ com or on my other website business and
legal the high E thanks for watching