Mother’s incorrect name on daughter’s birth certificate could be amended now that the mistake as to her true name had been discovered

Judicial review – application to challenge refusal by An tArd Chlaraitheoir (Registrar General) to amend the particulars of the second applicant’s birth record – change mother’s name on daughter’s birth certificate - Civil Registration Act 2004, s.65: enquiry into and amendment of entry in Register of Births – first applicant is mother and next friend of second applicant (Sara) - mother mistakenly believed her name was ‘Sorina Cirpaci’ at date of registration of daughter’s birth – mother: Romanian gypsy arrived illegally in Ireland prior to 2000 – Sara born in Limerick 2.4.2000 – mother cannot read or write – mother always known by nickname ‘Vandana’ – mother took birth certificate in name of ‘Sorina Cirpaci’ from Romania, thinking it was her true birth certificate, but was that of a relative from same encampment – name of mother on Sara’s birth certificate: Sorina Cirpaci – correct birth certificate of mother located: true name is ‘Maria Calderas’ – mother granted Romanian passport in name ‘Maria Calderas’ in Sept. 2002 – mother successfully changed her name to ‘Maria Calderas’ on Department of Justice documentation – mother had 5 more children: name of mother on those birth certificates: ‘Maria Calderas’ – difficulty in obtaining Irish passport for daughter Sara due to name of mother on birth certificate - application to Office of Registrar of Births, Deaths and Marriages to amend name of mother on Sara’s birth certificate from ‘Sorina Cirpaci’ to ‘Maria Calderas’ - DNA evidence and documentation provided by mother to Office of Registrar of Births, Deaths and Marriages in 2007 – delay - eventual decision July 2012: Registrar General refused to amend the birth record – accepted that mother is Maria Calderas - historical record of correct facts at time record created: mother unaware that her name was Maria Calderas at time of birth of Sara, and believed her name to be Sorina Cirpaci, therefore name Sorina Cirpaci is correctly entered on Register of Births – Article 40 personal rights – Article 8 ECHRFF: private life – passport application for Sara sent to Passport Office after these proceedings issued – passport issued to Sara on 13.11.12 – Civil Registration Act 2004, s.63: amendment to Register of Births – whether there is an ‘error of fact’ on the Register – neither mother nor daughter can be deprived of locus standi in these proceedings simply due to issue of passport to daughter – both a parent and a child have a right to have the correct identity of the parent recorded in a child’s birth certificate – distinguishable from the Foy cases re transgender issues – it was never a historical fact that the mother’s name was Sorina Cirpaci – no explanation by Registrar General as to delay of 5 years in issuing decision – error of fact - applicant entitled to the relief sought and to have the Register amended accordingly.