Birth Registration

The birth of every child is to be registered by the registrar for the district in which the child is born or in which the mother of the child is ordinarily resident at the time of birth. An entry is to be made in the register of such particulars concerning the birth as may be prescribed. Different Registers are to be kept for live births and stillbirths respectively.

Where a living infant, child stands exposed and no information as to the place of birth is available, it is to be registered by the registrar for the district in which the child is found. The following are qualified to give information regarding a birth: mother or father and uncle, grandfather, grandmother, who has knowledge of the birth; occupier of premises in which the child was to his knowledge born; any person present at the birth; person having charge of the child.

It is generally the duty of the mother or father and, in the case of death or inability of them, any other qualified informer to give to the registrar particulars of the birth, within 42 days or such other period as may be prescribed. Where the Registrar General is satisfied after such an inquiry as he thinks fit that the correct particulars concerning a birth are available, he may authorize registration even if the information is not given by a qualified informant.

Where a living child is found exposed, it is the duty of any person finding the child or into whose charge the child is placed to give, to the best of his knowledge, information, and belief, to the registrar, within 42 days of finding, such information as is prescribed in relation to the birth of the child.

Where, after 42 days from the date of the birth, the birth of the child is not being registered because of the failure of a qualified informant to make the necessary information available, the registrar, where no information is available, will serve a notice on any qualified informant requiring him to attend personally or at another convenient place and give such information as is required to the best of his knowledge, information, and belief.

A registrar may not register the birth of a child after one year without the authority of the Registrar General. This fact is to be noted on the register.

The following provisions apply where the parents of a child are not married. The father of the child as such is not under a duty as such to give information regarding the birth.

A Registrar shall not enter the name of a person as the father unless the mother and the person stating himself to be the father, jointly request him to do so and prior to 2011 legislation, the parties were to sign the register in each other’s presence. The mother may request to do so and produce a declaration in the prescribed form made by her that the person is the father and a statutory declaration by that person stating himself to be the father.

Father may request him to do so and produce a declaration by the mother confirming parentage; a mother requesting the registrar to do so and produces a copy of a parental responsibility agreement made between them in relation to the child and a declaration in the prescribed form that it was made in accordance with the children’s legislation; the mother and/or father request him to do so and produce a certified copy order giving the father parental responsibility and a declaration in the prescribed form making the request stating that the order has not been terminated.

It may apply where the mother or father request him to do so and produce a certified copy order under the children’s legislation requiring him to make financial provision and a declaration in the prescribed form making the request. This may be done where the father or mother request him to do so and produce a certified copy of other orders under guardianship or affiliation legislation (older legislation).

Where a person stating himself to be the father of the child makes a request in accordance with the above provisions, that person is treated as a qualified informant. Equivalent and parallel provisions apply in respect of registration of the second female parent where the parents are not civil partners. It applies to the case of a child who has a parent by virtue of the Human Fertilization and Embryology Act 2008, who are not married to each other. A woman who is a parent by virtue of the Human Fertilization and Embryology Act shall not as such be under any duty to give information. Parallel provisions apply.

There are special provisions in relation to registration of a father or second female parent by virtue of provisions of the Human Fertilization and Embryology Act 2008.

A stillbirth is not to be registered after the expiration of three months from the date of the stillbirth. Where information is required to be given on a stillbirth, the registrar shall, unless the stillbirth has been referred to the coroner, the informant shall deliver to the registrar a certificate in the prescribed form, signed by a medical practitioner who was present at the stillbirth or has examined the body of the stillborn child or if none was present or has examined the body, a registered midwife who was so present and has examined the body.

A certificate is to state the child was not born alive and, where possible, state to the best of the knowledge and information and belief of the person signing it, the cause of stillbirth, weight of foetus, and estimated duration of pregnancy.

A registered medical practitioner, a registered midwife as above who is present at the stillbirth or examines the body shall give an informant a certificate free of charge, without request being made unless he intends to refer the stillbirth to the coroner.

A certificate shall be given for the purpose of disposal of the body of a stillborn child. The certificate must be obtained in order to do so, unless he receives an authorization of coroner, he must if he does not give notice of the disposal to the registrar within seven days. Failure to do so is an offence.

Where a coroner examines or causes a body of a child to be examined and is satisfied that it is a stillborn child, he must send a completed certificate to the registrar. In each case, the registrar is to register the stillborn birth.

There are limitations on the disclosure of information relating to the stillbirth register. Limited exceptions are permitted for health, statistical, and limited other circumstances.

The Registrar General may give authority for re-registration of a birth where there has been an error, where parents who had not been married to each other at the time of the birth later marry in certain cases under the Human Fertilization and Embryology Act.

The registrar may give authority for re-registration of the birth of a legitimated child whose birth has already been registered. The name of the person who acknowledged himself to be the father must already have been entered on the register, established by affiliation order, declaration of legitimacy unless the re-registration is furnished by both parents.

Re-registration is permissible after a declaration of parentage under family legislation has issued and it appears to the registrar that the birth should be registered.