No. 1/1994:

STILLBIRTHS REGISTRATION ACT, 1994

ARRANGEMENT OF SECTIONS

1 Stillbirths.

2 Definitions.

3 Functions of an tArd-Chláraitheoir and registrars.

4 Register to be kept.

5 Application of section 7 of the Births and Deaths Registration Act (Ireland), 1880.

6 Notification and registration of stillbirths occurring on or after commencement date.

7 Notification and registration of stillbirths occurring before commencement date.

8 Entries in stillbirths registers.

9 Alterations of entries.

10 Offences and penalties.

11 Fees.

12 Forms.

13 Short title, collective citation, construction and commencement.

SCHEDULE

AN ACT TO PROVIDE FOR THE REGISTRATION OF STILLBIRTHS.

[23rd February, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—This Act applies in relation to a child born weighing 500 grammes or more or having a gestational age of 24 weeks or more who shows no sign of life.

2.—In this Act—

"commencement date" means the day appointed under section 13 (3) of this Act to be the day on which this Act comes into operation;

"the Minister" means the Minister for Equality and Law Reform;

"the registrar" means the registrar of a district under the Births and Deaths Registration Acts, 1863 to 1987, as extended by this Act, and "register" shall be construed accordingly;

"stillbirth" means a birth in relation to which section 1 of this Act applies and "stillborn" shall be construed accordingly.

3.—(1) The functions of an tArd-Chláraitheoir, superintendent-registrars and registrars under the Births and Deaths Registration Acts, 1863 to 1987, shall include the registration of stillbirths.

(2) An tArd-Chláraitheoir may give such directions to superintendent-registrars and registrars concerning the registration of stillbirths and require them to carry out such duties as are necessary to give effect to this Act.

4.—Each registrar shall establish and maintain a register to be known as the register of stillbirths, in this Act referred to as "the register".

5.—Section 7 of the Births and Deaths Registration Act (Ireland), 1880, as amended by section 49 of the Status of Children Act, 1987 ' shall apply to stillbirths as to live births.

6.—(1) The mother or the father of a stillborn child may, within forty-two days after the birth, give the registrar of the district in which the stillbirth occurred the information specified in this section ("the required particulars") and sign the register in the presence of the registrar, and the registrar shall register the stillbirth accordingly and sign the register.

(2) The required particulars shall comprise the details indicated in the Schedule to this Act and a medical certificate signed by a registered medical practitioner, who has attended the birth or has examined the child, stating, in the opinion of the medical practitioner, the weight and gestational age of the child and naming, where applicable, the hospital in which the birth occurred or which had care of the mother following the birth.

(3) Where the registration takes place as the result of particulars provided by the mother or the father of the child, the registrar shall, within two weeks of registration, notify the hospital named in the certificate or the medical practitioner who signed it, where no hospital is named, that such registration has taken place.

(4) Where no such notification is received by the hospital or by the medical practitioner within three months of the stillbirth, it shall be the duty of the hospital (by an authorised member of its staff) or, where no hospital is involved, of the medical practitioner who attended the birth or examined the child to give to the registrar within four months of the stillbirth, the required particulars of the stillbirth and sign the register in the presence of the registrar, and the registrar shall register the stillbirth accordingly and sign the register.

(5) A medical practitioner who attends a stillbirth or examines the child shall provide the required medical certificate to the mother or the father of the stillborn child, where either parent expresses a wish to inform the registrar of a stillbirth.

(6) Where a medical certificate is provided to the mother or the father of the child and the hospital or the medical practitioner is not notified that registration has taken place as the result of information given to the registrar by the parents, a duplicate of that certificate may be used for registration purposes.

(7) If the medical practitioner is not fully satisfied that the birth was a stillbirth, the medical practitioner shall refer the matter to the coroner.

(8) If, in the course of duty, a coroner finds that a body is that of a stillborn child, the coroner shall, within one month of so finding, notify the registrar of the details, so far as the coroner can ascertain them, of the stillbirth indicated in the Schedule, and the registrar shall register the stillbirth accordingly and sign the register.

(9) Section 3 of the Births, Deaths and Marriages Registration Act, 1972 , shall apply to the registration of stillbirths as to registration of births and deaths.

(10) This section applies to stillbirths occurring on or after the commencement date.

7.—(1) This section applies to stillbirths occurring before the commencement date.

(2) The mother or father of a stillborn child to which this section applies may give the registrar of the district in which the stillbirth occurred the information specified in this section ("the required particulars") and sign the register in the presence of the registrar, and the registrar shall register the stillbirth accordingly and sign the register.

(3) The required particulars for the purposes of this section should comprise the details indicated in the Schedule to this Act and such evidence as establishes, to the satisfaction of an tArd-Chláraitheoir, that a stillbirth has occurred.

8.—(1) Entries in a stillbirths register shall be forwarded by the registrar to the appropriate superintendent-registrar and by the superintendent-registrar to an tArd-Chláraitheoir from time to time as an tArd-Chláraitheoir may direct.

(2) Where an entry in a stillbirths register is forwarded by a registrar to a superintendent-registrar, or by a superintendent-registrar to an tArd-Chláraitheoir, no copy of that entry shall be retained by the registrar or by the superintendent-registrar.

(3) No person, other than an tArd-Chláraitheoir, shall be entitled to search a register save only in the exercise of functions conferred on any such person by this Act.

(4) A certified copy of an entry in a register shall be provided, only in the following circumstances:

( a ) where registration is effected as the result of information provided by the mother or the father of the stillborn child, the mother or the father of the stillborn child shall be provided, on request, with a certified copy of the register entry at the time of registration;

( b ) the mother or father of the stillborn child shall thereafter be entitled to obtain a certified copy of an entry in the register, if an tArd-Chláraitheoir, or a person to whom an tArd-Chláraitheoir delegates this power, is satisfied that the person making the request is the mother or the father of the stillborn child to whom the entry relates;

( c ) certified copies of register entries shall be made available to other persons only at the discretion of an tArd-Chláraitheoir.

9.—Corrections or additions to entries in a register shall be made only by a person authorised by, and in accordance with, the directions of an tArd-Chláraitheoir.

10.—(1) Offences relating to the registration of births shall apply also to the registration of stillbirths and penalties for the time being in force for such offences shall apply also to equivalent offences relating to stillbirths registration.

(2) Any false statement or misrepresentation made by a person with a view to obtaining a certified copy of an entry in a stillbirths register shall be an offence under section 30 of the Births and Deaths Registration Act (Ireland), 1880.

11.—A fee for a certified copy of an entry in a register of births shall apply also to a certified copy of an entry in the register of stillbirths.

12.—The Minister for Health, or an tArd-Chláraitheoir, with the consent of the Minister for Health, may provide forms for use for the purposes of this Act.

13.—(1) This Act may be cited as the Stillbirths Registration Act, 1994 .

(2) The Births and Deaths Registration Acts, 1863 to 1987, and this Act may be cited together as the Births and Deaths Registration Acts, 1863 to 1994, and shall be construed together as one.

(3) This Act shall come into operation on such day as the Minister by order appoints.

Sections 6 and 7.

SCHEDULE

INFORMATION TO BE RECORDED IN THE REGISTER

Date and Place of Birth.

Sex of Child.

Weight.

Gestational Age.

Forename and Surname of Child.

Mother's Forename and Surname, Address and Occupation.

Any former Surname(s) of Mother.

Father's Forename and Surname, Address and Occupation.

Any former Surname(s) of Father.

Signature, Qualification and Address of Informant.

When Registered.

ACTS REFERRED TO