Presumption of paternity

Information

The rules governing the presumption of paternity in Ireland may have an effect when a child is claiming an inheritance or maintenance.

The children of parents in Ireland who are married to each other are presumed in law to be the child of their mother's husband. However, the children of parents who are not married to each other may have to prove paternity in order to get their maintenance or inheritance entitlements. This isn't necessary if the father acknowledges paternity or is named as the child's father on the Birth Certificate. If he acknowledges paternity, he can agree to have his name added to the Birth Certificate at a later date.

If the alleged father disputes paternity, he may agree to a medical paternity test. If he doesn't agree to this, it is up to the District Court to decide on paternity.

Where someone refuses to give a sample, the court can draw whatever conclusions it thinks proper from the refusal. For example, if the alleged father refused to give a sample, the court may take the view that he was afraid the tests would indicate he was the father. If the mother refused to give a sample, the court may take the view she was afraid the test may provide the named man was not the father.

Appeals in paternity disputes in Ireland are heard in the Circuit Court.