Circuit Court Rules (Family Law: Donor-Assisted Human Reproduction) 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Rules, which may be cited as the Circuit Court Rules (Family Law: Donor-Assisted Human Reproduction) 2020, shall come into operation on the 9th day of October 2020.
(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2020.
(3) The Circuit Court Rules 2001 to 2020 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2020.
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paragraphs: Order 59 of the Circuit Court Rules is amended:
(i) by the insertion in sub-rule (1) of rule 1, immediately following the definition therein of the “Children Act” of the following definition:
“the ”Children and Family Relationships Act“ means the Children and Family Relationships Act 2015 (No. 9 of 2015);”;
(ii) by the substitution for rule 2 of the following rule:
“2.(1) Subject to sub-rules (2) to (6), proceedings under this Order shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.
(2) Proceedings for the appointment of a guardian for a child shall be brought in the county where the applicant or the child to whom the application relates ordinarily resides or carries on any profession, business or occupation.
(3) Subject to sub-rule (3A), proceedings under section 22 or section 35 of the Children and Family Relationships Act shall be brought in the county in which an applicant under the section concerned ordinarily resides or carries on any profession, business or occupation.
(3A) Proceedings:
(a) for a declaration of parentage under section 35 of the Status of Children Act shall, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, be brought in the Dublin Circuit, or
(b) for a declaration of parentage under section 22 or on an appeal under section 35 of the Children and Family Relationships Act shall, where no applicant under the section concerned ordinarily resides or carries on any profession, business or occupation in the State, be brought in the Dublin Circuit.
(3B) Proceedings under section 32 of the Children and Family Relationships Act shall be brought in the county in which the DAHR facility (within the meaning of section 4 of that Act) concerned is located.
(4) Proceedings under the Domestic Violence Act shall be brought:
(i) in the county where the applicant ordinarily resides (subject to section 22(2) of the Domestic Violence Act), or
(ii) if the application is for a barring order or an emergency barring order, in the county where the place, in relation to which the application is made, is situated.
(5) Subject to section 4(2) and section 4(3) of the Hague Convention Act, proceedings before the Court under the Hague Convention Act or under the Hague Child Convention by virtue of the Act shall be brought:
(a) in the case of proceedings to which section 4(1)(c) of the Hague Convention Act applies, in the county in which the child to whom the request relates resides;
(b) in the case of any other proceedings under the Hague Convention Act or under the Hague Child Convention by virtue of the Hague Convention Act, in such county or Circuit as is prescribed by statute or these Rules for proceedings of the kind concerned.
(6) Proceedings on any application under the Gender Recognition Act shall be brought in the county in which the child on whose behalf the application is being brought ordinarily resides.”;
(iii) by the substitution for paragraph (xiv) of sub-rule (1) of rule 4 of the following paragraphs:
“(xiv) relief under section 22 of the Children and Family Relationships Act;
(xv) relief under the Hague Convention Act or the Hague Child Convention.”;
(iv) by the substitution for the title immediately following rule 13 of the following title:
(v) by the insertion immediately following rule 27 of the following rules:
27A. A Family Law Civil Bill in which relief is sought under section 22 of the Children and Family Relationships Act shall include the following details—
(a) the address within the State where every party to the proceedings resides or carries on any profession, business or occupation;
(b) the date of birth of the child to whom section 20 of the said Act applies;
(c) the place of birth of the said child;
(d) the name and address of the person named as the mother of the child, and whether such person is or is not alive;
(e) the name and address of the “relevant person” (within the meaning of section 22(1) of the said Act) to whom the application relates, and whether such person is or is not alive;
(f) a brief statement of the grounds on which it is asserted that the child concerned is a child to whom section 20 of the said Act applies, and
(g) a brief statement of the grounds on which it is asserted that the relevant person was, at the time referred to in section 20(1)(c) of the said Act, an intending parent of the child concerned.
27B. (1) In proceedings for relief under section 22 of the Children and Family Relationships Act, unless such person is an applicant in the proceedings (or is the next friend of the child who is an applicant), the child, the mother of the child, and the relevant person shall be named as respondents to the proceedings.
(2) If any person who would otherwise be named as respondent is not alive or is not available for service of proceedings within the jurisdiction, then the application may be made in the first instance without service on that person.
(3) In proceedings in which relief is sought under section 22 of the Children and Family Relationships Act but not under any other relevant enactment it shall not be necessary for any Affidavit of Welfare to be filed or served before the application for relief under section 22 of the Children and Family Relationships Act is moved, and a party shall only be required to file or serve any Affidavit of Welfare where so directed by the Court.
27C. (1) An application under section 32(1)(b) or section 32(2) of the Children and Family Relationships Act shall be brought and conducted in accordance with Order 64B, and any application under section 32(4) of that Act shall be made by notice of motion in the proceedings commenced under section 32(1)(b) or section 32(2) as the case may be.
(2) An appeal under section 35(5) of the Children and Family Relationships Act shall be brought and conducted in accordance with Order 64C and section 35(6) of that Act.”, and
(vi) by the substitution for rules 80 to 82 inclusive of the following rules respectively:
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paragraphs: In proceedings for a declaration of parentage, the Court or the County Registrar, as the case may be, may make such orders and give such directions as it or he may deem expedient relating to the said application and to the hearing thereof, including but not limited to:
(a) in the case of proceedings under the Status of Children Act, the giving of particulars, the provision of information, the sending of papers to the Attorney General, the adding of the Attorney General or any other person as a party to the proceedings, the notification of the application to any person, and any other matter in relation to which applications or directions are provided by Part VI of the Status of Children Act, or
(b) in the case of proceedings under section 22 of the Children and Family Relationships Act:
(i) a direction that all necessary papers in the matter be sent to the Attorney General in accordance with section 21(5) (as applied by section 22(4)) of that Act;
(ii) a direction that such other person as the Court thinks fit be given notice of the application in accordance with section 21(7) (as applied by section 22(4)) of that Act;
(iii) where so requested by the Attorney General, an order that the Attorney General be added as a party to the proceedings in accordance with section 21(6) (as applied by section 22(4)) of that Act;
(iv) where notice has been given to such person in accordance with section 21(7) (as applied by section 22(4)) of that Act, an order that such other person as the Court thinks fit be added as a party to the proceedings;
(v) the provision of further particulars or information, and any other matter to which Part 2 of the Children and Family Relationships Act relates.
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paragraphs: (1) Every application:
(i) pursuant to section 35(5) of the Status of Children Act (for a direction that papers be sent to the Attorney General);
(ii) pursuant to section 35(7) of the Status of Children Act (ordering that a person be added as a party to the proceedings);
(iii) for judgment in default of Defence,
shall, without prejudice to the power of the Court to act of its own motion, be made by motion on notice to such parties as are affected thereby, which notice shall be served at least four clear days before the hearing of such motion. Service of the notice of motion may, by exception to the provisions of Order 11, rule 5, be effected by ordinary post and shall be deemed to have been effected on the second day following the day of posting.
(2) An application by a party under section 21(5) (as applied by section 22(4)) of the Children and Family Relationships Act (for a direction that all necessary papers in the matter be sent to the Attorney General) or under section 21(7) (as applied by section 22(4)) of the Children and Family Relationships Act (for an order that a person be added as a party to the proceedings) may be made by motion on notice, which notice shall be served at least four clear days before the hearing of such motion.
(3) Service of notices or other documents in proceedings under section 22 of the Children and Family Relationships Act shall be effected by a means permitted by section 42 of that Act.
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paragraphs: (1) Any declaration made under section 35 of the Status of Children Act shall be in Form 37G of the Schedule of Forms or such modification thereof as may be appropriate.