Woman settles action over registration of father’s name on child’s birth certificate

The woman, an African asylum seeker who has been in Ireland since 2014, wanted the child to legally have the surname of his father, a security guard at the Direct Provision centre where she lives.

The woman had been in a relationship with the father which ended before the birth of the child in 2016.

The Registry of Births, Deaths and Marriages refused unless the father attended in person and consented to the registration of the boy.

Arising out of the refusal, the woman and her son, represented by Feichin McDonagh SC and Brendan Hennessy BL, instructed by solicitor Eileen McCabe, secured permission from the High Court earlier this year to bring proceedings.

They sought an order compelling An tArd Chláraitheoir, who has responsibility for the registration of deaths, births and marriage in the State, to register the surname in accordance with the Civil Registration Act 2004.

The woman claimed the refusal was fundamentally flawed, that An tArd Chláraitheoir had acted outside of their powers, and had breached fair procedures.

It was also claimed the refusal was irrational, lacked proportionality and that irrelevant considerations, including the father’s refusal to consent, were taken into account.

The boy, it was further claimed, had a right to have his surname recorded where there was admissible evidence about the father’s identity.

When the matter returned before the High Court yesterday, Mr Justice Michael McGrath was told the case had been resolved and could be struck out.

The father’s surname has been registered on the child’s birth certificate.

Aodhan O Faolain, Ireland International News Agency Ltd.