Registration of Births, Deaths and Marriages (Scotland) Act 1965

20 Re-registration in certain cases. S

(1) In the case of any person, if—

(a) the entry relating to him in the register of births is affected by any matter contained in the Register of Corrections Etc. respecting his status [F1 , parentage or non-parentage], or

(b) the entry relating to him in the register of births has been so made as to imply that he was found exposed, or

(c) the entry relating to him in the register of births [F2 has been so made as to imply that his parents were not then married to one another and his parents have subsequently married one another],

the Registrar General may at any time authorise the re-registration of the birth, and any such re-registration shall be effected in such manner as may be prescribed:

Provided that the Registrar General shall not authorise the re-registration of a birth in pursuance of paragraph (c) of this subsection, in a case where the paternity of the person has not been entered in the register of births or in the Register of Corrections Etc. in accordance with section 18 of this Act, or any corresponding enactment in force before the commencement of this Act, save with the sanction of the sheriff granted upon the application—

(i) of both parents of the person jointly, or

(ii) where one of the parents is dead, of the surviving parent, or

(iii) where both parents are dead, of or on behalf of the person,

after such intimation as the sheriff may direct, and after due inquiry, and a hearing of any party having interest who may appear to oppose such application.

(2) In this section any reference to the register of births includes a reference to any register of births kept under any enactment in force at any time before the commencement of this Act.

[F3 (3) Subject to the proviso in subsection (1) of this section, an application for re-registration of a person’s birth under this section may be made—

(a) if the person is under 16 years of age—

(i) by the person’s mother, or

(ii) by the person’s father if he is the person’s guardian or is entitled to custody of the person or applies for such re-registration with the mother’s consent; or

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if the person is of or over [F5 16] years of age, by the person himself; or

(d) in any case, by any person who may be prescribed by regulations made under this Act.]

Textual Amendments

F1 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(5)(a)

F2 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(5)(b)

F3 S. 20(3) added by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 8(6)

F4 S. 20(3)(b) repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(2), 11(2), Sch. 2

F5 Word in s. 20(3)(c) substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1, para.28

Modifications etc. (not altering text)

C1 S. 20(1) amended by Adoption Act 1968 (c. 53), s. 85(d) and Adoption (Scotland) Act 1978 (c. 28), s. 67(2), Sch. 1 para. 5