Paternity and parentage
Paternity and parentage are not the same thing in law, but they are often mixed up.
- Paternity is a statement, acknowledgement, or proof of being a child’s father.
- Parentage confirms a person is a child’s mother or father.
How paternity is treated legally
If a father acknowledges paternity, the parents can agree to have the father’s name added to the birth certificate.
Where a couple is married, Irish law presumes the husband is the child’s father unless proved otherwise. If a couple is married but separated, this presumption does not apply if the child is born more than 10 months after the separation.
If parents are not married to each other, there is no legal presumption of paternity unless the father’s name is on the birth certificate.
This means a father who is not married to the child’s mother and not named on the birth certificate may need to prove paternity in order to apply for guardianship, custody, or access to the child.
Children of parents who are not married to each other may also have to prove paternity to get their maintenance or inheritance entitlements.
Declaration of parentage
Anyone can seek an order declaring that a certain person is their mother or father. This is called a declaration of parentage order. It can be sought even where the parent is deceased.
If a declaration of parentage is made, the Civil Registration Service may be directed to register or re-register the birth and issue a birth certificate.
Most applications are made in the Circuit Court. Order 59 of the Circuit Court Rules sets out the process. You may wish to get legal advice to understand what’s involved.
If paternity or parentage is disputed
If paternity or parentage is in dispute, the court may order DNA testing. The court may also decide who pays the cost or that costs are shared.
DNA testing is conducted by specialist agencies in Ireland and abroad. Consider seeking advice from your GP, a health clinic, or a solicitor.
Depending on your situation, applications can be made to the District Court or the Circuit Court.
District Court forms
- Form 61.1: Notice of application for direction for the use of blood tests
- Form 61.4: Notice of intention to call witness — Status of Children Act 1987
Circuit Court forms
Donor assisted human reproduction (DAHR) — declaration of parentage
The Children and Family Relationships Act 2015 took effect on 4 May 2020. It clarifies the legal position and parentage of children born from DAHR procedures.
Children conceived on or after 4 May 2020
The DAHR procedure must have been undertaken in an Irish DAHR facility using a traceable sperm donor. Both parents can be registered with the HSE Civil Registration Service. The clinic will provide a certificate confirming the procedure details.
Children conceived before 4 May 2020
The DAHR procedure may have been undertaken in Ireland or abroad using an anonymous or traceable donor. In this case, only the birth mother is registered initially. A declaration of parentage from the District Court is required to register the intending parent on the child’s birth certificate at re-registration.
An application can be made to the Circuit Court by an individual to get a declaration of parentage where parents are no longer in a relationship. See Order 59 of the Circuit Court Rules.
Most applications are made in the District Court. The District Court process is outlined below.
Who can apply?
An application for a declaration of parentage may be made by:
- the mother of the child, and
- the person who was an “intending parent” of the child.
“Intending parent” means a person, other than the intending mother, who at the time of the DAHR procedure knew it was being performed and undertook to care for, and exercise responsibilities towards, any child born as a result, as if they were the parent. The child will be named as the respondent to the application. Both the mother and the intending parent are joint applicants.
How to apply (District Court)
Order 58 of the District Court Rules sets out the steps for applying for a declaration of parentage.
An application may be made in the court area where either applicant lives or works. If both applicants live or work outside Ireland, the application can be made to the Dublin Metropolitan District Court.
Both applicants must complete an application form. The application must be grounded on an affidavit sworn by each applicant and, where necessary, other affidavit evidence verifying:
- that the child was born using a DAHR procedure prior to 4 May 2020;
- if performed outside Ireland, that the person who performed the procedure was authorised to do so under the law of that place, including the law providing for such authorisation;
- that the second applicant was, at the time of the procedure, the intending parent of the child; and
- that the second applicant consents to the making of the declaration of parentage.
The original application form, affidavits, and any exhibits must be lodged in the court office not later than seven days before the hearing date.
District Court application forms
- Form 58.54 — Notice of application for a declaration of parentage (Children and Family Relationships Act 2015, s.21)
- Form 58.49 — Statement of arrangements for child
Re-registration of a birth
If the order is granted, you can re-register the birth to include the second parent. More information is available from the HSE Civil Registration Service.
