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(i) the relationship between an affected person and the testator, and all other relationships, shall be deduced in accordance with subsection (1), and (ii) where an affected person, pursuant to subparagraph (i), makes an application under section 117(1), section 117(6) shall apply as if the words ‘from the date on which section 4B(10) comes into operation’ were substituted for ‘from the first taking out of representation of the deceased’s estate’.

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(11)For the purposes of this Act, a person is an affected person where— (a) as a result of the giving of information that was false or misleading, the name of a person other than his or her mother was entered in the register of births as his or her mother, and (b) the person named as mother and, if applicable, father in the entry assumed the role of a parent in relation to him or her and treated him or her as her or their lawful child, whether or not the entry has been corrected or cancelled pursuant to Part 3B or section 63, 64 or 65 of the Act of 2004.
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(12)In this section— ‘register of births’ means a register of births maintained by An tArd-Chláraitheoir under section 13
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(1)(a) of the Civil Registration Act 2004 , as amended, or under the repealed enactments (within the meaning of that Act); ‘relevant date’ means the 26th day of April 2022; ‘social father’ means, in relation to an affected person, the man named in the entry in the register of births referred to in subsection (11) as his or her father; ‘social mother’ means, in relation to an affected person, the woman named in the entry in the register of births referred to in subsection (11) as his or her mother; ‘social parent’ means, in relation to an affected person, his or her social father or social mother.”.
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Amendment of section 68 of Act of 1965 55. Section 68 of the Act of 1965 is amended— (a) by the designation of the section as subsection (1), (b) in subsection (1), by the substitution of “Subject to this section, if an intestate dies” for “If an intestate dies”, and (c) by the insertion of the following subsections after subsection (1): “(2) If an intestate who is an affected person dies leaving neither spouse nor civil partner nor issue, his or her estate shall be distributed between each person who is his or her surviving parent in equal shares, but, if only one parent survives, that parent shall take the whole estate.

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(3)Where subsection (2) applies, and a surviving parent is both the father and the social father (within the meaning of section 4B) of the intestate concerned, the estate of the intestate shall be distributed between him and the other surviving parents in equal shares, but, if he is the only surviving parent, he shall take the whole estate.”.
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Share of relatives: special provision 56. The Act of 1965 is amended by the insertion of the following section after section 69: “69A.Where, in the application of section 4B to any provision of this Part, the same person would be entitled to take, in relation to the estate of an intestate— (a) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (a) of section 4B(1), and (b) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (b) of section 4B(1), the person— (i) shall take only one of the shares in the estate referred to in paragraphs (a) and (b), and (ii) may elect to take either the share referred to in paragraph (a) or the share referred to in paragraph (b).”.

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PART 9

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Amendment of Civil Registration Act 2004 Register under Part 3B of Civil Registration Act 2004 57. The Act of 2004 is amended by the insertion of the following Part after Part 3A: “PART 3B Register under Part 3B Definitions (Part 3B) 30F. In this Part— ‘affected person’, subject to section 30G(4), means a person to whom the following applies: (a) an entry in the register of births relating to his or her birth was made on or before the 31st day of December 1980, (b) in the entry referred to in paragraph (a), the name of a person other than his or her mother was entered as his or her mother, and (c) the person named as mother and, if applicable, father, in the said entry assumed the role of a parent in relation to the person and treated that person as her or their lawful child, and includes a person in respect of whom the entry in the register of births has been corrected or cancelled pursuant to section 63, 64 or 65; ‘register’ means the register established under Part 3B.

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An tArd-Chláraitheoir may receive and request certain information concerning affected persons 30G. (1) Where the Child and Family Agency or such other person as may be prescribed by regulations under section 30L has within its possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, the Agency or person, as the case may be, shall provide the information and documents to an tArd-Chláraitheoir.

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(2)Where an tArd-Chláraitheoir reasonably believes that a person has within his or her possession or procurement information or documents concerning the birth, or the registration of the birth, of an affected person, an tArd-Chláraitheoir may, by notice in writing served on the person, require the person concerned to provide the information or documents to an tArd-Chláraitheoir for the purposes of determining whether or not the register of births correctly records the particulars of birth of the affected person concerned.
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(3)A person shall comply with a notice under subsection (2) within such period (being a period of not less than 28 days) as is specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir, and in such manner as may be specified in the notice.
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(4)In this section, ‘affected person’ includes a person whom an tArd-Chláraitheoir, the Child and Family Agency or a person or body prescribed by regulations under section 30L reasonably believes may be an affected person.
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Correction, cancellation or registration of entries in register of births 30H. (1) Subject to subsections (2) and (3), where an tArd-Chláraitheoir is aware of an error of fact in an entry in the register of births in relation to the particulars of birth of an affected person (in this Part referred to as a ‘relevant entry’), and where, having considered any information or documents received in accordance with subsection (1) of section 30G or in accordance with a notice under subsection (2) of that section together with any submissions received in accordance with subsection (3), an tArd-Chláraitheoir is satisfied that the relevant entry is incorrect, he or she may— (a) correct, or cause to be corrected, the relevant entry, (b) cancel the relevant entry, or (c) cancel the relevant entry and register the particulars of the birth of the affected person concerned in the register of births.

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(2)Prior to making a correction, cancellation or registration under subsection (1), an tArd-Chláraitheoir shall make all reasonable efforts to notify in writing any person in relation to whom personal data is intended to be corrected, cancelled or registered of his or her intention to make the correction, cancellation or registration.
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(3)A person notified in accordance with subsection (2) or, where the person is unable to do so because of age, illness or disability, a person acting on his or her behalf, may make a submission to an tArd-Chláraitheoir in relation to the proposed correction, cancellation or registration within such period (being a period of not less than 28 days) as may be specified in the notice or such longer period as may be agreed by the person and an tArd-Chláraitheoir.
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(4)In this section— ‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20162 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); ‘personal data’ has the meaning it has in the General Data Protection Regulation.
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Register under Part 3B 30I. (1) An tArd-Chláraitheoir shall establish and maintain a register (in this Act referred to as the ‘register under Part 3B’).

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(2)Where an tArd-Chláraitheoir has made a correction, cancellation or registration in accordance with section 30H, he or she shall enter the particulars to which this section applies in the register.
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(3)Any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chláraitheora.
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(4)In this Act, a reference to the particulars to which this section applies is a reference to the particulars of birth of an affected person entered in a relevant entry.
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Index to register and privacy (Part 3B) 30J. (1) An tArd-Chláraitheoir shall maintain an index to the register.

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(2)Subject to subsection (4), an tArd-Chláraitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee— (a) search the register and the index to that register, or (b) give the person— (i) a copy certified by him or her to be a true copy, (ii) a copy, or (iii) a certified extract, of an entry in the register specified by the person.
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(3)The following persons may make an application to an tArd-Chláraitheoir under subsection (2) : (a) the person to whom the entry on the register relates; (b) a person who is, in relation to the person referred to in paragraph (a) — (i) the surviving spouse or civil partner, (ii) if no surviving spouse or civil partner, a child, (iii) if no surviving spouse or civil partner or child, a parent, or (iv) if no surviving spouse or civil partner, child or parent, a brother or sister, or (c) any other person who an tArd-Chláraitheoir, in his or her discretion, determines.
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(4)A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and ‘true copy’ in that subsection shall be construed accordingly.
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(5)The Minister, by regulations under section 30L, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii).
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Separate index of connections between register and register of births 30K. (1) An tArd-Chláraitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births.

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(2)The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.
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Regulations (Part 3B) 30L. (1) The Minister, following consultation with the Minister for Children, Equality, Disability, Integration and Youth and an tArd-Chláraitheoir, may make regulations to ensure the effective operation of this Part including, but not limited to, regulations prescribing— (a) a person for the purposes of section 30G(1), and (b) the particulars of birth and parentage to be included in a certified copy, provided under this Part, of an entry in the register.

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(2)A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.
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Consequential amendments to Act of 2004 58. The Act of 2004 is amended— (a) in section 8, by the insertion, in subsection (1), of the following paragraph after paragraph (eeeee): “(eeeeee) to establish and maintain a register and index for the purpose of the registration of the particulars to which section 30I applies,”, (b) in section 13(1)— (i) by the substitution, in paragraph (j), of “decrees of nullity of civil partnerships),” for “decrees of nullity of civil partnerships), and”, (ii) by the substitution, in paragraph (k), of “the register of gender recognition),” for “the register of gender recognition).”, (iii) by the substitution, in paragraph (l), of “the register of presumed deaths), and” for “the register of presumed deaths),”, and (iv) by the insertion of the following paragraph after paragraph (l): “(m) a register of particulars to which section 30I applies (which shall be known as the register under Part 3B of the Civil Registration Act 2004 , and is referred to in this Act as the register under Part 3B).”, (c) in section 61, by the substitution, in subsection (3), of “stillbirths, gender recognition or to the register under Part 3B or an index to any of those registers” for “stillbirths or gender recognition or an index to either of those registers”, and (d) in section 69, by the insertion, in subsection (8), of “30G(2),” after “24(5),”.

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PART 10

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Miscellaneous Provision relating to persons the subject of incorrect birth registration 59. (1) For the avoidance of doubt, the fact that a person is the subject of an incorrect birth registration shall not affect— (a) the rights or liabilities acquired, or (b) the validity or consequences of an action done, in good faith by him or her.

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(2)Without prejudice to the generality of subsection (1), the rights, liabilities, validity and consequences to which that subsection applies shall not be affected by the fact that they were acquired or the action concerned was done, as the case may be, by the person concerned— (a) in a particular name, (b) on the basis that he or she had attained a particular age, or (c) on the basis that a particular person was his or her parent or other relative.
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(3)For the avoidance of doubt, any rule of law, custom or practice by which a person may use a particular name applies to a person who is the subject of an incorrect birth registration.
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Public information campaign 60. The Authority shall, in the period between the coming into operation of this section and the coming into operation of

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Part 2

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and may, at any time thereafter where it considers it appropriate to do so, take such measures, including the holding of a public information campaign, as it considers appropriate to promote awareness among the public and, in particular, parents and relevant persons (including parents and relevant persons residing outside the State), of the following: (a) the process to be followed by a person in order to— (i) specify to the Authority his or her preference in relation to contact with another person, (ii) have an entry made in the register in respect of him or her, (iii) access his or her birth certificate under

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Part 2

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, (iv) access birth information, other information or provided items under Parts 2 , 3 or 4 ; (b) the establishment of the register; (c) the transfer in accordance with section 42 of information contained in the National Adoption Contact Preference Register to the register; (d) the rights of a person, in particular a mother or father, under the General Data Protection Regulation of access to personal data concerning him or her and of rectification of inaccurate personal data concerning him or her; (e) the restriction, under section 68 , of the rights and obligations provided for in the General Data Protection Regulation specified in that section.

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Designation of relevant bodies 61. (1) The Minister may by regulations designate a body as a relevant body for the purposes of this Act.

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(2)A body may be designated under subsection (1) where the Minister is of the opinion that such designation is necessary to ensure that relevant persons can access records held by the body.
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Processing of information contained in database and records of Commission of Investigation into Mother and Baby Homes 62. (1) The Agency may, where necessary and proportionate for the performance of its functions under this Act, process personal data, including special categories of personal data, contained in the database and related records.

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(2)The Agency may, where necessary and proportionate for the performance by the Authority of its functions under this Act, disclose to the Authority personal data, including special categories of personal data, contained in the database and related records.
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(3)The Minister for Children, Equality, Disability, Integration and Youth, where he or she is designated under section 61 as a relevant body, may, where necessary and proportionate for the performance by him or her of his or her functions as a relevant body, process personal data, including special categories of personal data, contained in the copy of the database and copy of the related records of the Commission deposited with the Minister under section 4
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(1)of the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 .
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(4)In this section— “Act of 2004” means the Commissions of Investigation Act 2004 ; “Commission” means the commission of investigation established by the Order of 2015; “database” means the databases of residents of the institutions (specified in the Appendix to the terms of reference of the Commission set out in the Schedule to the Order of 2015) created by the Commission; “Order of 2015” means the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 ( S.I. No. 57 of 2015 ); “related record” means— (a) any evidence within the meaning of the Commissions of Investigation Act 2004 received by the Commission, (b) any document created by or for the Commission within the meaning of section 43 of the Commissions of Investigation Act 2004 , or (c) a copy of any such evidence or document, from which information was obtained for the purpose of creating the database.
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Agency and Authority to offer assistance and support 63. (1) The Agency and the Authority shall, insofar as practicable, provide assistance to a relevant person who wishes to: (a) make an application under

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Part 2

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; (b) for the purpose of making such an application, identify a relevant body that may hold the categories of information relating to the relevant person sought by him or her; (c) make an application under

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Part 5

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; or (d) make an application under section 38

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(3).
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(2)The Agency and the Authority may provide such support as it considers appropriate to a person who makes an application referred to in subsection (1), which support may include— (a) support relating to the interpretation and understanding of information and records provided on foot of the application, and (b) counselling and support of the applicant following receipt by him or her of the information or records referred to in paragraph (a).
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Offences 64. (1) A person who is an information source and who conceals, destroys, mutilates or falsifies a relevant record shall be guilty of an offence.

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(2)A person who is an information source and who fails to comply with a direction of the Authority under
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Part 7

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shall be guilty of an offence.

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(3)A person who fails to comply with a direction of the Authority under
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Part 7

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shall be guilty of an offence.

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(4)A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or both.
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(5)Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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Immunity 65. (1) Subject to Article 82 of the General Data Protection Regulation, a person to whom this subsection applies shall not be liable in damages in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under this Act, unless the act or omission concerned was done in bad faith.

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(2)Subject to Article 82 of the General Data Protection Regulation, the State shall not be liable in damages in respect of any act done or omitted to be done by a person to whom subsection (1) applies, in the performance, or purported performance, by the person of its, his or her functions under this Act unless the act or omission concerned was done in bad faith.
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(3)Subsection (1) applies to— (a) the Authority, (b) the Agency, (c) a member or former member of the Board of the Authority, (d) a member or former member of the Board of the Agency, (e) an employee or former employee of the Authority, (f) an employee or former employee of the Agency, and (g) a relevant body designated under this Act.
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Processing of personal data and special categories of personal data 66. (1) A person to whom this section applies may, where necessary and proportionate for the performance of his, her or its functions under this Act, process personal data, including special categories of personal data, in accordance with the General Data Protection Regulation and the Data Protection Act 2018 and any regulations under section 67 .

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(2)This section applies to the following persons: (a) the Authority; (b) the Agency; (c) an tArd-Chláraitheoir; (d) a relevant body; (e) a secondary information source.
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(3)For the purposes of this Act— (a) the Authority is designated as data controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act, and (b) the Agency is designated as data controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act.
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Regulations for purpose of data protection 67. (1) The Minister may prescribe suitable and specific measures, including measures specified in section 36

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(1)of the Data Protection Act 2018 , to be taken to safeguard the fundamental rights and freedoms of data subjects in the processing of personal data, including special categories of personal data under this Act.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may prescribe suitable and specific measures to be taken in the provision under sections 16 , 24 and 30 of medical information to a person.
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Restriction of rights and obligations under General Data Protection Regulation 68. The rights and obligations provided for in the following Articles of the General Data Protection Regulation, in so far as those rights and obligations relate to the processing of personal data and special categories of personal data by a person under this Act, are restricted to the extent necessary and proportionate to enable the person to perform his or her functions under this Act: (a) Article 12, insofar as any of its provisions correspond to the rights and obligations provided for in the Articles specified in paragraphs (b) to (d); (b) Article 14; (c) Article 18; (d) Article 21.

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Counselling support for parents and relevant persons 69. (1) The Authority shall inform a parent who makes a statement to which section 38

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(11)(c) applies of his or her right under subsection (2) to counselling support provided by or on behalf of the Agency.
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(2)The Agency, on the request of a person referred to in subsection (1), shall arrange for the provision of counselling support to him or her.
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(3)The Agency, on the request of a relevant person or the parent of a relevant person (other than a person referred to in subsection (1)), may arrange for the provision of counselling support to him or her.
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(4)The Authority may share with the Agency such information, including the person’s name and contact details, relating to the person referred to in subsection (1) or, where applicable, subsection (3) as it considers necessary for the purposes of facilitating the operation of this section.
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Review of operation of Act 70. (1) The Minister shall, not later than 2 years after the coming into operation of this section, commence a review of the operation of this Act, other than Parts 8 and 9 .

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(2)In conducting a review under subsection (1), the Minister shall consult with such persons, including relevant persons, as he or she considers appropriate.
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(3)The Minister shall cause a report in writing of the findings of the review under subsection (1) to be prepared and, as soon as may be after it is prepared, shall cause copies of the report to be laid before each House of the Oireachtas.
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PART 11

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Amendment of enactments Amendment to National Archives Act 1986 71. The Schedule to the National Archives Act 1986 is amended by the addition of “Adoption Authority of Ireland”.

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Amendment of Adoption Act 2010 72. Section 86(2) of the Act of 2010 is amended by the substitution of “Authority, or in accordance with section 6 of the Birth Information and Tracing Act 2022.” for “Authority.”.

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SCHEDULE A. Mother and Baby Home Institutions St. Patrick’s / Pelletstown, Navan Road, Dublin The Tuam Children’s Home, Tuam, Galway Bessborough Mother and Baby Home, Cork Manor House, Castlepollard, Westmeath Sean Ross Abbey, Tipperary Árd Mhuire, Dunboyne, Meath Bethany Home, Dublin Denny House, Dublin Miss Carr’s Flatlets, Dublin The Regina Coeli Hostel, Dublin The Castle, Newtowncunningham, Donegal The County Clare Nursery, Kilrush, Clare Belmont Flatlets, Dublin St. Gerard’s, Dublin B. County Home Institutions Sacred Heart Home and Hospital, Carlow St. Felim’s County Home and Hospital, Cavan St. Joseph’s Hospital, Ennis, Clare Cork County Home and District / St Finbarr’s Hospital Our Lady of Lourdes Home, Midleton, Cork Mount Carmel Home, Clonakilty, Cork St. Patrick’s Hospital, Fermoy, Cork St. Joseph’s Home, Stranorlar, Donegal Dublin Union / St Kevin’s Institution St. Brendan’s Home, Loughrea, Galway St. Columbanus Home, Killarney, Kerry St. Vincent’s Hospital, Athy, Kildare St. Columba’s County Home, Thomastown, Kilkenny St. Vincent’s Hospital, Mountmellick, Laois St. Patrick’s Home, Carrick-on-Shannon, Leitrim St. Ita’s Home, Newcastlewest, Limerick St. Camillus Hospital, Limerick St. Joseph’s Hospital, Longford Sacred Heart Home, Castlebar, Mayo St. Joseph’s Home, Trim, Meath St. Mary’s Hospital, Castleblayney, Monaghan St. Vincent’s Hospital, Tullamore, Offaly Sacred Heart Home, Roscommon St. John’s Hospital, Sligo Hospital of the Assumption, Thurles, Tipperary St. Patrick’s Hospital, Cashel, Tipperary St. John’s Hospital, Dungarvan, Waterford St. Mary’s Hospital, Mullingar, Westmeath St. John’s Hospital, Enniscorthy, Wexford St. Colman’s, Rathdrum, Wicklow 1 OJ No. L 119, 4.5.2016, p.1.

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2 OJ No. L 119, 4.5.2016, p.1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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