(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 [F2has been so made as to imply that his parents were not then married to [F3or in a civil partnership with] one another and his parents have subsequently married [F4or entered into a civil partnership with ] one another [F5and subject to subsection (1B) below]], [F6, or]
[F6(d)the entry relating to the child in the register of births has been made so as to imply that the person, other than the mother, recorded as a parent of the child is so by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and the mother and that person have subsequently become parties to a civil partnership with each other and subject to subsection (1B) below,]
the [F7birth may, where subsection (1A) below applies, be re-registered], and any such re-registration shall be effected in such manner as may be prescribed:
[F8(1A)This subsection applies—
(a)where the Registrar General authorises the re-registration, and
(b)in such other cases or classes of case as may be prescribed.
(1B)A birth may not be re-registered] in pursuance of paragraph (c) [F9or (d)] of this subsection, in a case where the paternity [F10or parentage] of the person has not been entered in the register of births or in the Register of Corrections Etc. in accordance with section 18 [F11or 18B] 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.
F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 )
F3Words in s. 20(1)(c) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 1(4)(a); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)
F4Words in s. 20(1)(c) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 1(4)(b); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)
F5 Words in s. 20(1) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(a)(i) , 63(2) ; S.S.I. 2006/469 , art. 2 , Sch. 1 (with art. 4 )
F6 S. 20(1)(d) and word inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(a) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )
F7 Words in s. 20(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(a)(ii) , 63(2) ; S.S.I. 2006/469 , art. 2 , Sch. 1 (with art. 4 )
F8 S. 20(1A)(1B) substituted for words in s. 20(1) (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(a)(iii) , 63(2) ; S.S.I. 2006/469 , art. 2 , Sch. 1 (with art. 4 )
F9 Words in s. 20(1B) inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(b)(i) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )
F10 Words in s. 20(1B) inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(b)(ii) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )
F11 Words in s. 20(1B) inserted (6.4.2009 for specified purposes) by Human Fertilisation and Embryology Act 2008 (c. 22) , s. 68(2) , Sch. 6 para. 45(b)(iii) ; S.I. 2009/479 , art. 6(1)(e) (with art. 7 , Sch. )
F12 S. 20(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) , ss. 41(2)(b) , 63(2) ; S.S.I. 2006/469 , art. 3 , Sch. 2 (with art. 4 )
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