Children and rights in Ireland

Health, relationships and legal rights

Health services

There is a range of services specifically for children and certain services are provided free of charge even if their parents do not have a medical card. These services are generally provided as part of maternity and infant welfare services, health services for preschool children and school health services. Children are also entitled to vaccination and immunisation services free of charge.

Surgical procedures

In general, parental consent is required for children to have medical and surgical tests and procedures and to receive vaccinations and inoculations. Under the Non-Fatal Offences Against the Person Act 1997, children aged 16 and over may themselves give consent to surgical procedures.

Body piercing and tattooing

There is no legislation regulating body piercing and tattooing. As a result there is no legal minimum age at which you can get a body piercing or tattoo.

Giving blood

You cannot become a blood donor until you are aged 18.

Contraceptive services

There is no set minimum age in Ireland at which contraceptive advice and prescriptions may be provided. The age of consent to sexual activity is 17 and it may be a criminal offence to have sex with a person under the age of 17. This means that providers of contraceptive services are entitled to refuse to provide those services to people under 17.

Sexual activity

Under Section 3 of the Criminal Law (Sex Offences) Act 2006 as amended by Section 5 of the Criminal Law (Sexual Offences) (Amendment) Act 2007 it is a criminal offence to engage or attempt to engage in a sexual act with a child under 17 years of age. It is not a defence to show that the child consented to the sexual act.

The consent of the Director of Public Prosecutions is required for any prosecution of a child under the age of 17 years for this offence. A girl under the age of 17 who has sexual intercourse may not be convicted of an offence on that ground alone.

Further information is available in our document, The law on sexual offences in Ireland.

Marriage

If you are ordinarily resident in Ireland, the minimum age at which you can marry is 18 years. This is the case even if you marry outside of Ireland. In certain special circumstances, you may be able to get a Court Exemption Order allowing a marriage to proceed even if one or both parties are under 18. Parental consent is not required.

Further information is available in our document, Age requirements for marriage.

Maintenance

A parent is required to maintain a dependent child. A dependent child is a child who:

• Is under 18 years old or
• Is over 18 and under 23 years old but is still in full-time education

If a court decides that the parent of a dependent child has failed to provide such maintenance for the child as is proper in the circumstances, it may order that parent to make periodical maintenance payments to support the child. The court may also order a parent to pay a lump sum.

Further information is available in our documents, Maintenance orders and agreements and Maintenance and unmarried couples.

Leaving home

You can leave home at age 16, provided you have your parents’ consent. No consent is required at age 18.

If you leave home before you are 18 without your parents’ consent and you are considered to be homeless or at risk, the Health Service Executive (HSE) may be asked to intervene. Information on the powers available to the HSE is available in our document, Children in care.

Tracing natural parents

If you have been adopted and wish to trace your natural parents, you can have your details entered in the Adoption Authority’s National Adoption Contact Preference Register which facilitates contact between adopted people and their natural families. However, you must be 18 years of age or over.

Legal Rights

Criminal responsibility

The age of criminal responsibility is 12 years of age. This means that children who have not reached the age of 12 cannot be charged with an offence. There is an exception, however, for children aged 10 or 11, who can be charged with murder, manslaughter, rape or aggravated sexual assault.

Where a child under 14 years of age is charged with an offence, no further proceedings can be taken without the consent of the Director of Public Prosecutions.

Children under 12
Where the Gardaí have reasonable grounds for believing that a child under 12 years of age has committed an offence with which the child cannot be charged due to his/her age, the Gardaí must take the child to his/her parents or guardian. Where this is not possible, the GardaÍ will arrange for the child to be taken into the custody of the Health Service Executive (HSE) for the area in which the child normally resides. It is possible that children under 12 years of age who commit criminal offences will be dealt with by the HSE and not the criminal justice system. Information on the powers available to the HSE is available in our document, Children in care.

Detention in a Garda station

When a child is detained in a Garda station it is the duty of the Garda in charge of the station to ensure that, as far as possible, the child is not allowed meet with or associate with adult suspects being detained in the station at the same time. A child may not be interviewed in a Garda station except in the presence of his/her parent or guardian. It may be permitted where there are very special circumstances, for example, where a delay in questioning would involve a risk of death or injury.

Children’s Court

Children being charged with a crime are dealt with by the Children Court. The court can impose a period of detention on a child. Where the child is under 16 years of age the child is detained in a children detention school which are managed by the Irish Youth Justice Service. Children aged 16 and 17 are detained in a child detention centre. However, the court can only impose a detention order where it is satisfied that it is the only suitable way to deal with the child and, for a child under 16 years of age, that a place in a children detention school is available.

Apart from detention there are also diversion programmes and community sanctions available to the court.

There is more information on children and the criminal justice system in our section on children and young offenders.

Elections

In order to vote in an election or referendum in Ireland, you must be registered to vote. To be eligible to be included on the Register of Electors, you must be at least 18 years old on the day the Register comes into force (15 February).

You are eligible for inclusion in the supplement to the Register of Electors on or after the day on which you reach 18 years of age. You can be included in the supplement if this birthday falls after the closing date for applications for the supplement but is on or before polling day. If you are within this category, you should submit your application with a copy of your birth certificate.

You cannot stand as a candidate in an election until you are at least 18 years of age. You must be:

• Age 18 for local elections
• Age 21 for national and European elections
• Age 35 for presidential elections

Contracts

Unless you are or were married, you cannot enter a legally binding contract until you are aged 18. The exception to this is contracts for necessaries and beneficial contracts of service which are in your best interests. Contracts for necessaries usually include contracts for food, clothing and lodging, but may also cover contracts for items connected with education and training such as school books and training uniforms.

Beneficial contracts of service usually involve contracts for apprenticeships or contracts with agents or managers. These contracts of service are only enforceable if they are to your advantage and in your best interests.

Bank accounts

Accounts for children of primary school age are usually simple, easy to use savings or deposit accounts that pay interest and have no charges. You can open them with a very small amount of money.

Accounts for secondary school students usually offer ATM cards, but you have to keep the account in credit at all times. They do not offer an overdraft facility and there is a limit to how much you can withdraw. Usually you do not have to pay fees and charges.

You cannot open a standard current account until you are aged 18.

When opening an account each provider has different procedures. Some providers require that a parent or guardian sign the account opening form if you are under 16 years of age. Other providers only require parental permission if you are under 13 years of age.

More information is available in our document, Opening and switching a bank account.

Jury service

You cannot sit on a jury in a court until you are aged 18. Your name must be on the Register of Electors for the Dáil.

Making a will

You cannot make a will until you are aged 18 unless you are or have been married.

Changing your name

The surname of a child can be changed in the Register of Births but only in certain circumstances. However, the surname of a child can also be changed by deed poll or common usage.

Children aged between 14 and 17 years can execute the Deed Poll themselves but need the consent of both parents. Where a child is under the age of 14 years, one of the child's parents must execute the Deed Poll with the consent of the other parent.

You can change your name by deed poll without consent when you are aged 18 or over.