A baby born of Nigerian parents on an Irish-registered vessel en route to Ireland is deemed by law to be an Irish citizen and, as such, is entitled to an Irish birth certificate, the High Court decided yesterday.
However, because there is no legislative framework enabling the Registrar General of Births, Marriages and Deaths to issue a birth certificate in such circumstances, Mr Justice McKechnie adjourned legal proceedings taken on behalf of a 22-month-old baby to enable the authorities to rectify the situation. The child is seeking an order requiring the authorities to give him an Irish birth certificate.
The court heard the boy was born to a Nigerian woman on board the Irish Ferries vessel, the M.V. Normandy, while it was en route from Cherbourg in France to Rosslare in Wexford on July 27th, 2000.
When the mother sought to have her son's birth registered in Wexford, she was informed the child could not obtain an Irish birth certificate.
In court yesterday, Mr Frank Callanan SC, for the State, acknowledged the boy was an Irish citizen by virtue of being born on an Irish-registered vessel en route here.
The Minister for Justice was willing to provide a certificate of nationality for the child if it was applied for, counsel said. To date, no such application had been made. The boy was currently living in Italy with his mother.
In adjourning the matter to November 14th, the judge said he was doing so in order to permit the legislature to consider his judgment and indicate what steps it might wish to take. He also took into account that the child was living in Italy and that no application was currently before the State.