A Nigerian woman whose son was born on an Irish-registered ship en route from France to Rosslare has secured leave to seek a High Court order compelling the birth to be registered in the State. The woman, who cannot be named for legal reasons, is also seeking a declaration that her son is an Irish citizen and entitled to have his birth registered here in accordance with the 1956 Irish Nationality and Citizenship Act.
Ms Siobhan Phelan, for the woman, presented an affidavit by her client in which the woman said she gave birth on an Irish vessel, the MV Normandy, on July 26th. When the boat docked at Rosslare Harbour, the woman and baby were transferred to Wexford General Hospital in an ambulance. The captain of the ship allegedly indicated that the birth would be registered by the hospital but the woman's effort to ensure this was unsuccessful.
The mother consulted a solicitor and several letters were written to the registrar general of births, deaths and marriages, but without satisfaction. She was advised that the registrar general was obliged to perform his duty without undue delay. By now, there had been a delay of almost six months in registering her son's birth.
She was advised this failure was without statutory justification and was a breach of her son's rights under Irish law. She also believed that if her son had been born in Ireland, his birth would have been registered as a matter of course.
Mr Justice O Caoimh granted the woman leave to seek a judicial review of the failure to have her child's birth registered.