Unmarried Fathers
Rights and Responsibilities
in Respect of their Children

What are my legal rights in respect of my child?

None. Unmarried fathers do not have any automatic legal rights in respect of their children.

What are my legal rights in respect of my child if my name is on the Birth Certificate?

None. Having your name entered in the Register of Births does not in itself give you any rights in respect of your child. The father's name being entered in the Register of Births simply establishes the paternity of the child. Joint guardianship* rights can be acquired through agreement with the mother of the child by signing a statutory declaration to this effect, or if the mother is not in agreement, through application to the district court.

What rights and duties in respect of my child can I acquire through the courts?

Joint Guardianship*, access, joint/full custody, declaration of parentage. The court can also order you to pay maintenance in respect of your child.

What legal rights and duties in respect of my child can I acquire in agreement with the mother?

If the mother is in agreement you can acquire joint guardianship* rights in respect of your child through both of you signing a statutory declaration (S.I. no 5 of 1998) in the presence of a peace commissioner, commissioner for oaths or notary public. This declaration requires that you have entered into arrangements regarding the custody of and/or access to the child. These joint guardianship rights can only be removed by the court. A copy of S.I. no 5 of 1998 is available for download here >>>(S.I. no 5 of 1998)<<<

Parents can make informal arrangements regarding access and maintenance but these are not legally enforceable.

What are my legal rights in respect of my child if I marry the mother of my child?

You automatically become a joint guardian* of your child with the mother. You do not need to adopt your own child as it is from the marriage that your joint guardianship* rights flow.

What are my rights in respect of my child if the mother of my child marries another man?

Whatever rights you already have in respect of your child do not change on the marriage of the mother. There is no legal relationship established between your child and her/his stepfather due to the marriage.

If you are already a joint guardian you remain so.
If you do not have any guardianship or access rights in respect of your child you can still apply for them, unless the child has been adopted by the mother and her husband.
You are still liable for maintenance in respect of your child unless your child is adopted.

Can my child he adopted without my consent?

If the mother and her husband (or any other applicants) apply to adopt your child the law requires that, if possible, you are consulted before any adoption order is made in respect of your child, even if you are not a joint guardian of your child. If you have joint guardianship rights in respect of your child then your consent is required before an adoption order can be made.

If your child is adopted by the mother and her husband all rights and responsibilities are vested in the new family unit. You no longer have any possibility of rights in respect of your child. The child's mother becomes the adoptive mother and her husband becomes the adoptive father and this legally excludes you permanently from your child's life. It is possible to agree informal arrangements between parents but these are not legally enforceable.

*Guardianship is the collection of rights and duties which a parent has in respect of her/his child. It encompasses the duty to maintain and properly care for the child and the right to make decisions about a child's religious and secular education, health requirements, and other matters affecting the welfare of the child.

Treoir
National Information Centre for Unmarried Parents
14 Gandon House
Lower Mayor Street
IFSC
Dublin 1.
Tel: 01 6700120
Fax: 01 6700199