10.—(1) Subject to this Part, the birth of every child shall be registered [F1in a register by any registrar together with] such particulars concerning the birth as may be prescribed; and different registers shall be kept for live-births and still-births respectively.
(2) Where a living infant child is found exposed and no information as to the place of birth is available, the birth shall be registered by the registrar for the district in which the child is found.
(3) The following persons shall be qualified to give information concerning a birth, that is to say—
(a)the father and mother of the child;
(b)any aunt, uncle, grandfather and grandmother of the child who has knowledge of the birth;
(c)the occupier of the premises in which the child was to the knowledge of the occupier born;
(d)any person present at the birth;
(e)any person having charge of the child.
(4) Except as provided for in [F2Articles 14 and 14ZA], it shall, subject to paragraphs (6) and (8), be the duty—
(a)of the father or mother of the child;
(b)in the case of the death or inability of the father and mother, of each other qualified informant;
to give to [F3any registrar], before the expiration of a period of forty-two days from the date of the birth, information of—
(i)the particulars required to be registered concerning the birth; and
(ii)such other particulars as may be prescribed;
[F4in such manner as may be prescribed].
[F5(4A) In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the references in paragraphs (3)(a) and (4) to the father of the child are to be read as references to the woman who is a parent by virtue of that section.]
(5) The Registrar General shall make such arrangements as are necessary for the collection and collation of the particulars given to registrars under paragraph (4), and for that purpose he shall make arrangements for the preparation and issue of any necessary forms and instructions.
(6) Where any qualified informant gives the required information concerning a birth [F6in the prescribed manner], every other qualified informant shall cease to be under a duty to do so.
(7) Where the Registrar General is satisfied, after such inquiry as he thinks necessary, that the correct particulars concerning a birth are available, he may authorise the registration of the birth even if the information is not given by a qualified informant.
(8) Paragraph (4) shall cease to apply to a birth if, before the expiration of the period referred to in that paragraph and before the birth is registered, an inquest is held at which the child is found to have been still-born.
F1Words in art. 10(1) substituted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 1(2), 34; S.R. 2011/323, art. 2(a)
F2Words in art. 10(4) substituted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 60(2); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F3Words in art. 10(4) substituted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 1(3)(a), 34; S.R. 2011/323, art. 2(a)
F4Words in art. 10(4) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 1(3)(b), 34; S.R. 2012/406, art. 2, Sch.
F5Art. 10(4A) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 60(3); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F6Words in art. 10(6) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 1(4), 34; S.R. 2012/406, art. 2, Sch.
11.—(1) Where any living infant child is found exposed, it shall be the duty of—
(a)any person finding the child; and
(b)any person in whose charge the child may be placed;
to give, to the best of his knowledge and belief, to the registrar within forty-two days from the date of the finding of the child, such information as he possesses of the particulars required to be registered concerning the birth of the child, [F7in the prescribed manner].
(2) Where one of the persons referred to in paragraph (1) gives the required information concerning a living infant child [F8in the prescribed manner], the other person so referred to shall cease to be under a duty to do so.
(3) Where there is produced to the registrar a certificate signed by a registered medical practitioner stating that in his opinion a child whose birth is required to be registered under this Article is likely to have been born on or near to a date specified in the certificate, the registrar may enter that date in the register as the date of birth of the child.
F7Words in art. 11(1) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 2(2), 34; S.R. 2012/406, art. 2, Sch.
F8Words in art. 11(2) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 2(3), 34; S.R. 2012/406, art. 2, Sch.
12.—(1) Subject to Article 13, where, after the expiration of forty-two days from the date of birth, the birth of a child has not been duly registered under Article 10 or 11 because of the failure of a qualified informant to give the necessary information concerning it, the registrar for the district in which the child was born or, where no information as to the place of birth is available, the registrar for the district in which the child was found exposed may serve a notice in writing upon any qualified informant requiring him—
F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)to give [F10in the prescribed manner within such time as may be specified in the notice] to the best of the informant's knowledge and belief the information required under Article 10(4); F11...
F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and the informant shall, unless the birth is duly registered before the expiration of the time specified in the notice, comply with the notice.
(2) For the purposes of paragraph (1) the date of birth of an infant child found exposed shall be taken to be either—
(a)the date on which the child is found; or
(b)if a registered medical practitioner gives a certificate in which he specifies a date as the approximate date on which the child was born, the date so specified.
F9Art. 12(1)(a) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 3(3)(a), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.
F10Words in art. 12(1)(b) inserted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 3(2), 34; S.R. 2012/406, art. 2, Sch.
F11Art. 12(1)(c) and preceding word repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 3(3)(b), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.
13.—(1) A registrar shall not register the birth of a child after the expiration of one year from the date of the birth otherwise than with the written authority of the Registrar General.
(2) Where the Registrar General gives an authority under paragraph (1), that authority shall be noted in the entry relating to the birth in question.
(3) F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12Art. 13(3) repealed (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 5(1), 33, 34, Sch. 2; S.R. 2011/323, art. 2(b)
14.—(1) This Article applies in the case of a child whose father and mother were not married to [F15, or civil partners of,] each other at the time of his birth[F16 and subject to Article 14A].
(2) The father of the child shall not as such be under any duty to give any information under this Part concerning the birth of the child.
(3) A registrar shall not enter the name of any person as the father of the child in such a case unless—
(a)the mother and the person stating himself to be the father of the child jointly request him to do so [F17in the prescribed manner]; or
(b)the mother requests him to do so and produces—
(i)a declaration in the prescribed form made by her stating that that person is the father of the child; and
(ii)a statutory declaration made by that person stating himself to be the father of the child; or
(c)that person requests him to do so and produces—
(i)a declaration in the prescribed form by that person stating himself to be the father of the child; and
(ii)a statutory declaration made by the mother stating that that person is the father of the child; or
(d)the mother or that person requests him to do so and produces—
(i)a copy of a parental responsibility agreement made between them in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with Article 7 of the Children (Northern Ireland) Order 1995 and has not been brought to an end by an order of a court; or
(e)the mother or that person requests him to do so and produces—
(i)a certified copy of an order under Article 7 of the Children (Northern Ireland) Order 1995 giving that person parental responsibility for the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or
(f)the mother or that person requests him to do so and produces—
(i)a certified copy of an order under paragraph 2 of Schedule 1 to the Children (Northern Ireland) Order 1995 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 5(3) of that Schedule; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or
(g)the mother or that person requests him to do so and produces—
(i)a certified copy of any of the orders which are mentioned in paragraph (4) which has been made in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court.
(4) The orders are—
(a)an order under section 5A of the Guardianship of Infants Act 1886 giving that person custody of the child;
(b)an order under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924 adjudging that person to be the putative father of the child.
(5) Where a person stating himself to be the father of the child makes a request to the registrar in accordance with any of sub-paragraphs (c) to (g) of paragraph (3)—
(a)that person shall be treated as a qualified informant concerning the birth of the child for the purposes of this Part; and
(b)on the giving of the required information concerning the birth of the child by that person [F18in the prescribed manner] every other qualified informant shall cease to be under the duty imposed by Article 10(4).
[F19(6) This Article shall not apply to the registration of a still-birth.]]
F14Words in art. 14 heading inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(3)(a) (with regs. 6-9)
F15Words in art. 14(1) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(3)(b) (with regs. 6-9)
F17Words in art. 14(3)(a) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 4(2), 34; S.R. 2012/406, art. 2, Sch.
F18Words in art. 14(5)(b) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 4(3), 34; S.R. 2012/406, art. 2, Sch.
F19Art. 14(6) added (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 6(1), 34; S.R. 2011/323, art. 2(c)
14ZA—(1) This Article applies, subject to Article 14A, in the case of a child who—
(a)has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; but
(b)is a person to whom Article 155(3) of the Children (Northern Ireland) Order 1995 (persons to be covered by references to a person whose mother and father were married to each other at the time of the person's birth) does not apply.
(2) The woman who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 shall not as such be under any duty to give any information under this Part concerning the birth of the child.
(3) A registrar shall not enter the name of any person as a parent of the child by virtue of that section unless—
(a)the mother and the person stating herself to be the other parent of the child jointly request the registrar to do so and in that event the mother and that person shall sign the register in the presence of each other; or
(b)the mother requests the registrar to do so and produces—
(i)a declaration in the prescribed form made by her stating that the person to be registered (“the woman concerned”) is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and
(ii)a statutory declaration made by the woman concerned stating herself to be a parent of the child by virtue of section 43 of that Act; or
(c)the woman concerned requests the registrar to do so and produces—
(i)a declaration in the prescribed form made by the woman concerned stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008; and
(ii)a statutory declaration made by the mother stating that the woman concerned is a parent of the child by virtue of section 43 of that Act; or
(d)the mother or the woman concerned requests the registrar to do so and produces—
(i)a copy of a parental responsibility agreement made between them in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with Article 7 of the Children (Northern Ireland) Order 1995 and has not been brought to an end by an order of a court; or
(e)the mother or the woman concerned requests the registrar to do so and produces—
(i)a certified copy of an order under Article 7 of the Children (Northern Ireland) Order 1995 giving the woman concerned parental responsibility for the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or
(f)the mother or the woman concerned requests the registrar to do so and produces—
(i)a certified copy of an order under paragraph 2 of Schedule 1 to the Children (Northern Ireland) Order 1995 which requires the woman concerned to make any financial provision for the child and which is not an order falling within paragraph 5(3) of that Schedule; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court.
(4) Where, in the case of a child to whom Article 155(3) of the Children (Northern Ireland) Order 1995 does not apply, a person stating herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 makes a request to the registrar in accordance with any of sub-paragraphs (c) to (f) of paragraph (3)—
(a)she shall be treated as a qualified informant concerning the birth of the child for the purposes of this Part; and
(b)on the giving of the required information concerning the birth of the child by that person and the signing of the register by her in the presence of the registrar every other qualified informant shall cease to be under the duty imposed by Article 10(4).]
F20Art. 14ZA inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 61; S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
14A.—(1) A registrar shall not enter in the register—
(a)as the father of a child, the name of a man who is to be treated for that purpose as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death); or
(b)as a parent of the child, the name of a woman who is to be treated for that purpose as a parent of the child by virtue of section 46(1) or (2) of that Act (circumstances in which woman to be treated as parent of child for purposes of registration of birth where fertility treatment undertaken after her death);
unless the condition in paragraph (2) below is satisfied.
(2) The condition in this paragraph is satisfied if—
(a)the mother requests the registrar to make such an entry in the register and produces the relevant documents; or
(b)in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant.
(3) In this Article “the relevant documents” means—
(a)the consent in writing and election mentioned in section 39(1), 40(1) or (2) or 46(1) or (2) (as the case requires) of the Human Fertilisation and Embryology Act 2008;
(b)a certificate of a registered medical practitioner as to the medical facts concerned; and
(c)such other documentary evidence (if any) as the registrar considers appropriate.]
F21Art. 14A substituted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 62; S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
15.—(1) F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where an inquest is held by a coroner on any still-born child, a qualified informant shall not be under any duty to give any information under this Part concerning the still-birth.
(3) Where under Article 10 an informant must give information of a still-birth to the registrar he shall, unless the still-birth has been referred to the coroner, deliver to the registrar a certificate in the prescribed form signed by a registered medical practitioner who was present at the still-birth or has examined the body of the still-born child, or if none was so present or has examined the body, by a [F23 registered midwife] who was so present or has examined the body.
(4) A certificate for the purposes of paragraph (3) shall—
(a)state that the child was not born alive; and
(b)where possible, state to the best of the knowledge and belief of the person signing it—
(i)the cause of the still-birth;
(ii)the weight of the foetus; and
(iii)the estimated duration of the pregnancy.
(5) A registered medical practitioner or [F23 registered midwife] who is present at a still-birth or examines the body of a still-born child shall (unless the still-birth has been referred to the coroner or he or she intends to refer the still-birth to the coroner) give an informant a certificate for the purposes of paragraph (3) free of charge, without any request being made in that behalf.
(6) Upon registering a still-birth a registrar shall, if so required, give to the informant or to the person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child, a certificate in the prescribed form that he has registered the still-birth.
(7) Where a registrar receives written notice of a still-birth [F24accompanied by such a certificate] [F24and a copy of such a certificate] as is mentioned in paragraph (3), he may, before registering the still-birth, give to the [F25person sending the notice] [F25person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child,] a certificate in the prescribed form that he has received notice of the still-birth.
(8) A certificate given under paragraph (6) or (7) shall—
(a)be given only for the purposes of the disposal of the body of the still-born child; and
(b)be free of charge.
(9) Where a person who has control over or ordinarily effects the disposal of bodies at any burial ground or other place permits the disposal of the body of a still-born child in that ground or place he shall, unless he receives in respect of that child a certificate under paragraph (6) or (7) or an order or authorisation of the coroner, give notice of the disposal in the prescribed form to the registrar of the district in which the still-birth occurred, within seven days from the date of the disposal.
(10) The Registrar General shall provide forms for the purposes of paragraph (9).
(11) Any person who fails to comply with paragraph (9) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F26 level 1 on the standard scale] in respect of each disposal of which he fails to give notice.
F22Art. 15(1) repealed (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 5(2), 33, 34, Sch. 2; S.R. 2011/323, art. 2(b)
F24Words in art. 15(7) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 20(a) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)
F25Words in art. 15(7) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 20(b) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)
Modifications etc. (not altering text)
C1Art. 15(3) restricted (temp.) (26.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 18(3) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)
C2Art. 15(5) restricted (temp.) (26.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 13 para. 18(1)(2) (with ss. 88-90, Sch. 13 para. 30); S.I. 2020/361, reg. 2(a)
16.—(1) Where a coroner—
(a)examines or causes to be examined the body of a child; and
(b) is satisfied that the body is that of a still-born child;
he shall, within five days from the examination referred to in sub-paragraph ( a), send to the appropriate registrar a completed certificate in the prescribed form concerning the still-birth.
(2) Where a registrar receives from a coroner a certificate under paragraph (1)—
(a)he shall, if the certificate states that an inquest was held on the still-born child, enter in the register of still-births the particulars required to be registered concerning the still-birth, in the prescribed form and manner, and state in the entry that they were received from the coroner;
(b)he shall, if the certificate states that an inquest was not held on the still-born child, upon receiving from an informant within three months from the date of the birth or of the finding of the body information concerning the still-birth, register the still-birth forthwith in the prescribed form and manner and enter in the register the cause of the still-birth as stated in the certificate.
17.—(1) No information obtained by virtue of Article 10(4)(ii), 15 or 16 with respect to a particular person shall be disclosed except—
(a)so far as is authorised by Article 34; or
(b)as may be necessary for the performance by any person of his functions under Article 10(5) in connection with the furnishing, collection or collation of the information; or
(c)for the purposes of supplying information to the Department of Health and Social Services where the information is necessary for the performance by that Department of functions in connection with health or [F27social care]; or
(d)for the purposes of supplying information to a government department in respect of a claim for any allowance or benefit under any statutory provision; or
(e)for the purposes of supplying information in respect of the publication of statistics; or
(f)for the purposes of any legal proceedings or report of such proceedings.
(2) If any person discloses any information in contravention of paragraph (1), he shall be guilty of an offence and shall be liable—
(a)on summary conviction to a fine not exceeding[F28 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both; or
(b)on conviction on indictment to[F28 an unlimited fine], or to imprisonment for a term not exceeding two years, or to both.
F27Words in art. 17(1)(c) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2
18.—(1) The Registrar General may at any time give his written authority for the re-registration of a birth where—
(a)there is or has been an error in the entry of the birth; or
[F29(b)in the case of a child [F30who has a father and] whose parents were not married to [F31, or civil partners of,] each other at the time of his birth—
(i)the birth was registered as if they were so married [F32or were civil partners of each other] ; or
(ii)no particulars relating to his father have been entered in the register;[F33 or
(iii)particulars relating to his father have been entered in the register in the case of a still-birth and the mother disputes them;]]
[F34(ba)in the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and to whom Article 155(3) of the Children (Northern Ireland) Order 1995 does not apply—
(i)the birth was registered as if Article 155(3) of that Order did apply to the child; or
(ii)no particulars relating to a parent of the child by virtue of section 42, 43 or 46(1) or (2) of that Act have been entered in the register; or]
[F35(c)in the case of a person who is to be treated—
(i)as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008; or
(ii)as a parent of the child by virtue of section 46(1) or (2) of that Act;
the condition in Article 14A(2) is satisfied.]
[F29(1A) Re-registration under sub-paragraph (b)(ii) shall not be authorised otherwise than in accordance with Article 14(3) [F36and re-registration under sub-paragraph (ba)(ii) shall not be authorised otherwise than in accordance with Article 14ZA(3)].]
[F37(1B) Paragraph (1A) shall not apply to the re-registration of a still-birth.]
(2) Any re-registration under paragraph (1) shall be effected in the prescribed manner.
(3) This Article shall have effect in relation to entries in registers maintained under any statutory provision repealed by the Births and Deaths Registration Act (Northern Ireland) 1967 [1967 c.25] or this Order as well as to entries in registers maintained under this Order.
F30Words in art. 18(1)(b) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(2)(a); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F31Words in art. 18(1)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(4)(a) (with regs. 6-9)
F32Words in art. 18(1)(b)(i) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(4)(b) (with regs. 6-9)
F33Art. 18(1)(b)(iii) and preceding word added (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 6(2)(a), 34; S.R. 2011/323, art. 2(c)
F34Art. 18(1)(ba) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(2)(b); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F35Art. 18(1)(c) substituted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(2)(c); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F36Words in art. 18(1A) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(3); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F37Art. 18(1B) inserted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 6(2)(b), 34; S.R. 2011/323, art. 2(c)
19.—(1) Subject to paragraph (3), the Registrar General may at any time, on production of such evidence as appears to him to be satisfactory, give his written authority for the re-registration of the birth of a legitimated person whose birth is already registerd under this Order (or any statutory provision repealed by the Births and Deaths Registration Act (Northern Ireland) 1967 or this Order).
(2) Any re-registration under paragraph (1) shall be effected in the prescribed manner and at such place as may be prescribed.
(3) The Registrar General shall not give his authority for the re-registration of the birth of any such person as is mentioned in paragraph (1) where information with a view to obtaining the re-registration is not furnished to him by both parents, unless—
(a)the name of a person acknowledging himself to be the father of the legitimated person has been entered in the register in pursuance of Article 14 or 18 of this Order, section 23 or 29 of the Births and Deaths Registration Act (Northern Ireland) 1967 or section 7 of the Births and Deaths Registration Act (Ireland) 1880 [1880 c.13] ; or
[F38(aa)the name of a person acknowledging herself to be a parent of the legitimated person by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 has been entered in the register in pursuance of Article 14ZA or 18 of this Order; or]
(b)the paternity of the legitimated person has been established by an affiliation order or otherwise by a decree of a court of competent jurisdiction; or
[F39(ba)the parentage by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 of the legitimated person has been established by a decree of a court of competent jurisdiction; or]
(c)a declaration of the legitimacy of the legitimated person has been made under the Legitimacy Declaration Act (Ireland) 1868[F40 or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] or any corresponding enactment in force at the date of the declaration in any part of Great Britain.
(4) The parents of any such person as is mentioned in paragraph (1) or, where under paragraph (3) the birth of such a person may be re-registered on information furnished by one of his parents and the other parent is dead, the surviving parent of such a person shall, within three months from the date of the marriage [F41or the formation of the civil partnership] which legitimates that person, furnish to the Registrar General such information as is necessary to enable him to give his authority for the re-registration of the birth of that person.
(5) Where—
(a)the Registrar General believes any person to have become a legitimated person within the meaning of the Legitimacy Acts (Northern Ireland) 1928 to 1961 on the marriage [F42or civil partnership] of his parents; and
(b)the parents or either of them fail to furnish within a period of three months from the date of the marriage [F43or the formation of the civil partnership] such information as may be necessary to enable the Registrar General to give his authority for the re-registration of that person's birth;
the Registrar General may at any time after the expiration of the said period require the parents or either of them to give him such information concerning the matter as he may consider necessary verified in such manner as he may direct.
(6) Where—
(a)the Registrar General gives his authority for the re-registration of the birth of any person under this Article; and
(b)the birth of that person is not so re-registered within three weeks from the date on which the Registrar General gives his authority for that re-registration.
the Registrar General may at any time after the expiration of that period by notice in writing require the person specified in the authority as the informant [F44to take such steps for the purposes of re-registration as are specified in the notice within such time as may be so specified.]
(7) Paragraphs (1) to (6) shall apply in relation to all persons recognised by the law of Northern Ireland as having been legitimated by the subsequent marriage [F45or civil partnership] of their parents, whether or not their legitimation, or the recognition thereof, was effected by the Legitimacy Act (Northern Ireland) 1928 [1928 c.5] .
(8) The failure of the parents of a legitimated person or either of them to furnish the information required by this Article shall not affect the legitimation of that person.
(9) Any entry relating to the re-registration of the birth of any person under this Article shall not be treated as evidence of the legitimation of that person.
(10) This Article shall apply with such modifications as the Department may, by regulations made subject to affirmative resolution, prescribe in relation to births at sea of which the Registrar General receives a return under any statutory provision.
F38Art. 19(3)(aa) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 64(2)(a); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F39Art. 19(3)(ba) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 64(2)(b); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F41Words in art. 19(4) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 64(3); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F42Words in art. 19(5) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 64(4)(a); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F43Words in art. 19(5) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 64(4)(b); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)
F44Words in art. 19(6) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 7, 34; S.R. 2012/406, art. 2, Sch.
F45Words in art. 19(7) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(5) (with regs. 6-9)
19A.—(1) Where, in the case of a person whose birth has been registered under this Order (or any earlier statutory provision referred to in Article 19(1))—
(a)the Registrar General receives, by virtue of Article[F47 31B(7) or] 32(4) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989, a notification of the making of a declaration of parentage in respect of that person; and
(b)it appears to him that the birth of that person should be re-registered,
he shall give his written authority for the re-registration of the birth of that person.
(2) Any re-registration under paragraph (1) shall be effected in the prescribed manner F48....
(3) This Article shall apply with such modifications as the Department may, by regulations made subject to affirmative resolution, prescribe in relation to births at sea of which the Registrar General receives a return under any statutory provision.]
F48Words in art. 19A(2) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 8, 34, Sch. 2; S.R. 2012/406, art. 2, Sch.
20.—(1) Subject to paragraph (2), the Registrar General may, on production of such evidence as appears to him satisfactory, at any time within three months from the date of the birth give his written authority for the registration of the birth of a legitimated person (whether his legitimation, or the recognition thereof, was effected under the Legitimacy Act (Northern Ireland) 1928 [1928 c.5] or otherwise) if his birth is not already duly registered under this Order, or any statutory provision repealed by this Order.
(2) Paragraphs (2) and (3) (except[F49 sub-paragraphs (a) and (aa)]), (8) and (9) of Article 19 shall apply for the purposes of the registration of a birth under this Article as they apply for the purposes of the re-registration of a birth under that Article.
F49Words in art. 20(2) substituted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 65; S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)