Part II Registration of Births
13 Particulars of births to be registered.
F201
The prescribed particulars of the birth of every child born in Scotland shall be registered in accordance with this Part of this Act and for that purpose each district registrar for each registration district shall keep—
a
a register of births, and
b
a register of still-births.
4
Where a child is born (whether within or out of Scotland) in a ship, aircraft or land vehicle in the course of a journey, and that child is brought by such ship, aircraft or land vehicle to any place in Scotland, the birth shall, unless the Registrar General otherwise directs, be deemed for the purposes of this section to have occurred at that place.
14 Duty to give information of particulars of birth.
C11
Subject to the subsequent provisions of this Part of this Act, in the case of every birth it shall be the duty of—
a
the F1child’s father or mother (whether or not they have attained the age of sixteen years), or
b
in the case of the death or inability of the father and mother, each other person who under F80subsection (2) is qualified to give information concerning the birth,
within twenty-one days from the date of the birth, to F63give to the district registrar for a registration district information of the prescribed particulars concerning the birth:
Provided that the giving of that information F64... by the father or the mother or by any one of those persons shall constitute a discharge of any duty imposed by this subsection on any other person.
F651A
For the purposes of subsection (1) above, a person shall give information of the prescribed particulars concerning a birth to the district registrar for a registration district F76...—
a
F79by attending personally at the registration office for that district and—
i
giving to the registrar information of the particulars required to be registered concerning the birth, and
ii
attesting, in the prescribed manner, the prescribed form (in this Part, the “birth registration form”) concerning the birth in the presence of the registrar, F77...
F78b
in a manner permitted in the circumstances (or any circumstances) by a direction issued by the registrar, or
c
in a manner permitted in the circumstances (or any circumstances) by a direction issued by the Registrar General.
F751B
A person has not discharged the duty under subsection (1) in relation to a birth until the birth registration form containing the information given by the person of the prescribed particulars concerning the birth is attested by, or on behalf of, the person.
1C
References in this section to a birth registration form being attested—
a
by a person are to the person attesting the form—
i
in the prescribed manner in the presence of the district registrar, or
ii
in a manner approved by the Registrar General,
b
on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).
1D
Where there is a way for—
a
a person (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or
b
a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar,
it is for the informant to choose whether to give the information, or attest the form, that way.
2
The following persons, in addition to the father and mother, shall be qualified to give information concerning the birth of a child, that is to say—
a
any relative of either parent of the child, being a relative who has knowledge of the birth;
b
the occupier of the premises in which the child was, to the knowledge of that occupier, born;
c
any person present at the birth;
d
any person having charge of the child.
F213
Nothing in this F21... section shall authorise the registration of the particulars of any birth in two or more registers, or more than once in any one register.
4
If it appears to the Registrar General that the particulars of the birth of any child have been registered in two or more registers, or more than once in any one register, he may give directions for the cancellation of all those registrations except such one of them as may be specified in the directions.
F484A
In the case of a child who has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008, the references in subsections (1) and (2) to the father of the child are to be read as references to the woman who is a parent by virtue of that section.
F25
14AF73Directions about giving information of particulars of birth
1
A direction under section 14(1A)(b) may only permit information to be given in a manner approved by the Registrar General.
2
A direction under section 14(1A)(c) may not make different provision for different areas.
3
A power to issue a direction under section 14(1A) includes the power to revise or revoke an earlier direction issued under the power.
4
Directions under section 14(1A) must be made publicly available.
5
15 Duty to give information concerning finding of infant children.
1
Where any living infant child is found exposed and the finding has been reported to the local authority in whose area the child was found, it shall be the duty of the F3chief social work officer of the local authority, or such other person as may be appointed for the purpose by the local authority, to give to the F22district registrar for the registration district in which the child was found, within two months from the date on which the child was found, information as to the finding of the child and such evidence as may be in the local authority’s possession as to the F23prescribed particulars concerning the birth, and to F24attest, in the prescribed manner, the birth registration form concerning the birth in the presence of the said registrar.
2
If there is produced to the said registrar a certificate F25attested in the prescribed manner by a registered medical practitioner stating that in the opinion of the medical practitioner a specified date is likely to have been the approximate date of the birth of the child, that date may be entered in the F26birth registration form concerning the birth as the date of birth of the child.
3
The foregoing provisions of this section shall apply to the finding of the body of a dead infant child as they apply to the finding of a living infant child, with the substitution for any reference to the F3chief social work officer of or other person appointed by the local authority of a reference to any procurator-fiscal to whom the finding has been reported.
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 Registrar’s power to require information concerning birth to be given.
1
Where after the expiration of twenty-one days from the date of birth of any child information of the F27prescribed particulars concerning the birth of that child has not been given to the F28district registrar for a registration district in accordance with section 14 of this Act, the F29district registrar for the registration district in which the child was born may serve a notice in the prescribed form on any person who is a qualified informant in relation to the birth requiring him F82before such date (being not less than 8 days and not more than 15 days after the date of service of the notice) as may be specified in the notice—
F85a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
to give information to the best of that person’s knowledge and belief of the particulars required to be registered concerning the birth F86in one of the following ways—
i
by attending personally at the registration office for that district and giving the information to the registrar there; or
ii
in a manner permitted in the circumstances (or any circumstances) by a direction under section 14(1A)(b) or (c); and
F83c
to either—
i
attest, in the prescribed manner, the birth registration form concerning the birth in the presence of the registrar; or
ii
provide the registrar with any information the registrar requests in order for the registrar to attest the form, in a manner approved by the Registrar General, on the person’s behalf.
2
If any person on whom a notice has been served in pursuance of the foregoing subsection fails to comply with the notice before the date specified therein the F30said registrar may serve on that person a second notice in the prescribed form requiring F84the person to do the things mentioned in subsection (1)(b) and (c) within eight days from the date of service of the second notice.
3
If on summary application by the F31said registrar it appears to the sheriff that any person on whom a second notice has been served in pursuance of the last foregoing subsection has failed without reasonable cause to comply therewith within the period specified therein, the sheriff may grant decree ordaining the person to comply with the notice within such further period as may be specified in the decree; and any such decree may be enforced in like manner as a decreead factum praestandum.
F813A
Where there is a way for—
a
a person on whom a notice under subsection (1) or (2) is served (“the informant”) to give information of the prescribed particulars of a birth that does not entail the informant attending personally at a registration office, or
b
a birth registration form to be attested that does not entail the informant attesting it in the presence of a district registrar,
it is for the informant to choose whether to give the information, or attest the form, that way.
4
Any notice served under subsection (1) or subsection (2) of this section shall cease to have effect if, before it is complied with, particulars of the birth are duly registered.
16AF66Provision of birth particulars to Registrar General
1
Each Health Board shall in respect of each birth that occurs in its area, provide to the Registrar General, in such manner and at such times as the Registrar General and that body may agree, the prescribed particulars.
2
The Registrar General shall, as soon as reasonably practicable after the prescribed particulars of a birth have been provided to the Registrar General under subsection (1) above, make those particulars available to the district registrar for each registration district.
16BRegistration of births
1
Subject to subsection (2) below, the district registrar for a registration district shall register the particulars of a birth where, in accordance with this Part of this Act, the registrar has an attested birth registration form concerning the birth.
2
The registrar is not to register a birth in respect of which F87information was given in a manner permitted by a direction under section 14(1A)(b) F88or (c) of this Act until the registrar is satisfied that the prescribed particulars of the birth have been—
a
provided to the Registrar General under section 16A of this Act; or
b
provided to the relevant district registrar under section 50 of this Act.
3
For the purposes of this Part of this Act, particulars of a birth are registered by entering the birth registration form concerning the birth in the relevant register kept by the district registrar performing the registration.
4
In subsection (3) above, the “ relevant register ” means the register of births or, as the case may be, still-births.
17 Registration after expiration of three months from date of birth or finding.
1
In no case shall the particulars of the birth of a child be registered by F32the district registrar for a registration district after the expiration of three months from the date of birth of the child or, in the case of a living infant child who has been found exposed or a dead infant child who has been found exposed and in respect of whom evidence is produced that he was born alive, from the date of finding, without the authority in writing of the Registrar General.
F331A
For the purposes of subsection (1) above, authority which is given by electronic means is to be treated as if in writing if it is received in a form which is legible and capable of being used for subsequent reference.
2
The Registrar General may authorise the registration of the particulars of the birth of a child after the expiration of the said period although the information required for the registration of the particulars has not been given by a qualified informant:
Provided that the Registrar General shall not exercise his power under this subsection unless he is satisfied, after such inquiry as he thinks necessary, that the correct particulars concerning the birth are available.
18F5 Births of children born out of wedlock.
C2 1
F16Subject to section 18ZA of this Act no person who is not married to F60or in a civil partnership with the mother of a child and has not been married to F60or in a civil partnership with her since the child’s conception shall be required, as father of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the F34district registrar for the registration district shall not enter in the F35birth registration form concerning the birth the name and surname of any such person as father of the child except—
a
at the joint request of the mother and the person acknowledging himself to be the father of the child (in which case F67the birth registration form is to be attested by, or on behalf of, both that person and the mother); or
b
at the request of the mother—
i
on the production of—
aa
a declaration in the prescribed form made by the mother stating that that person is the father of the child; and
bb
a statutory declaration made by that person acknowledging himself to be the father of the child; or
ii
on production of a decree by a competent court finding or declaring that person to be the father of the child; or
c
at the request of that person on production of—
i
a declaration in the prescribed form by that person acknowledging 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.
1A
Where a person acknowledging himself to be the father of a child makes a request to the F36district registrar for the registration district in accordance with paragraph (c) of subsection (1) of this section, he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and the giving of information concerning the birth of the child by that person and the F37attesting of the birth registration form concerning the birthF68by, or on behalf of, that person shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.
C22
In any case where the name and surname of the father of F6a child has not been entered in the F38birth registration form concerning the birth, the Registrar General may record that name and surname by causing an appropriate entry to be made in the Register of Corrections Etc.—
a
if a decree of paternity has been granted by a competent court; or
b
if there is produced to him F7a declaration and a statutory declaration such as are mentioned in paragraph (b) or (c) of subsection (1) of this section; or
c
if, where the mother is F8dead or cannot be found or is incapable of making a request under subsection (1)(b) of this section, or a declaration under subsection (1)(b)(i)(aa) of this section, or a statutory declaration under subsection (1)(c)(ii) of this section, he is ordered so to do by the sheriff upon application made to the sheriff . . . F9 by the person acknowledging himself to be the father of the child.
Where a decree of paternity has been granted by any court the clerk of court shall, where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or where an appeal has been made against such a decree, on the conclusion of any appellate proceedings, notify the import of such decree in the prescribed form to the Registrar General.
F103
A person under the age of sixteen years has legal capacity—
a
to make a request, declaration or statutory declaration under subsection (1) or (2)(b) above if, in the opinion of the registrar; or
b
to make an application under subsection (2)(c) above if, in the opinion of the sheriff,
that person understands the nature of the request or, as the case may be, of the declaration, statutory declaration or application; and without prejudice to the generality of this subsection a person twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding.
F694
References in this section to a birth registration form being attested—
a
by a person are to the person attesting the form—
i
in the prescribed manner in the presence of the district registrar, or
ii
in a manner approved by the Registrar General,
b
on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).
5
Where—
a
a person is required by this section to attest a birth registration form, and
b
there is a way for the person to do so that does not entail attesting it in the presence of a district registrar,
it is for the person to choose whether to attest the form that way.
18ZAF49Registration of father or second female parent by virtue of certain provisions of the Human Fertilisation and Embryology Act 2008
1
The 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 purpose 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 subsection (2) below is satisfied.
2
The condition in this subsection 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 section “ 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.
18AF11 Decrees of parentage and non-parentage.
1
Where a decree of parentage or non-parentage has been granted by any court the clerk of court shall—
a
where no appeal has been made against such decree, on the expiration of the time within which such an appeal may be made, or
b
where an appeal has been made against such a decree, on the conclusion of any appellate proceedings,
notify the import of such decree in the prescribed form to the Registrar General.
C4 2
Where it appears to the Registrar General that the import of a decree notified to him under subsection (1) above does not correspond with the entry in the register of births in respect of any person to whom the decree relates he shall cause an appropriate entry to be made in the Register of Corrections Etc.
18BF50Births of children where second female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008
1
No woman shall as a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 (“the woman concerned”) be required, as a parent of the child, to give information concerning the birth of the child and, save as provided in section 20 of this Act, the district registrar for the registration district shall not enter in the birth registration form concerning the birth the name and surname of any woman as a parent of the child by virtue of section 43 of that Act of 2008 except—
a
at the joint request of the mother and the woman concerned (in which case the F70birth registration form is to be attested by, or on behalf of, both the woman concerned and the mother); or
b
at the request of the mother on production of—
i
a declaration in the prescribed form made by the mother stating that 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 acknowledging herself to be a parent of the child by virtue of section 43 of that Act; or
c
at the request of the mother on production of a decree by a competent court finding or declaring the woman concerned to be a parent of the child by virtue of section 43 of that Act; or
d
at the request of the woman concerned on production of—
i
a declaration in the prescribed form made by the woman concerned acknowledging herself to be a parent of the child by virtue of section 43 of that Act; 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.
2
Where a person acknowledging 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 district registrar for the registration district in accordance with paragraph (d) of subsection (1) of this section, she shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and the giving of information concerning the birth of the child by that person and the attesting of the birth registration form concerning the birth by her F71, or on her behalf shall act as a discharge of any duty of any other qualified informant under section 14 of this Act.
3
In any case where the name and surname of a woman who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 has not been entered in the birth registration form concerning the birth, the Registrar General may record that name and surname by causing an appropriate entry to be made in the Register of Corrections Etc.—
a
if there is produced to him a declaration and a statutory declaration such as are mentioned in paragraph (b) or (d) of subsection (1) of this section; or
b
if, where the mother is dead or cannot be found or is incapable of making a request under subsection (1)(b) or (c) of this section, or a declaration under subsection (1)(b)(i) or a statutory declaration under subsection (1)(d)(ii) of this section, the Registrar General is ordered so to do by the sheriff upon application made to the sheriff by the person acknowledging herself to be a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008.
F724
References in this section to a birth registration form being attested—
a
by a person are to the person attesting the form—
i
in the prescribed manner in the presence of the district registrar, or
ii
in a manner approved by the Registrar General,
b
on behalf of a person are to the form being attested by the district registrar in a manner approved by the Registrar General (once the person has provided the registrar with any information the registrar requests).
5
Where—
a
a person is required by this section to attest a birth registration form, and
b
there is a way for the person to do so that does not entail attesting it in the presence of a district registrar,
it is for the person to choose whether to attest the form that way.
F4619 Free abbreviated certificate of birth.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Re-registration in certain cases.
C31
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 F12, 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 F13has been so made as to imply that his parents were not then married to F61or in a civil partnership with one another and his parents have subsequently married F62or entered into a civil partnership with one another F17and subject to subsection (1B) below, F51, or
F51d
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 F18birth may, where subsection (1A) below applies, be re-registered, and any such re-registration shall be effected in such manner as may be prescribed:
F191A
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) F52or (d) of this subsection, in a case where the paternity F53or 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 F54or 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.
F473
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Still-births.
1
Except so far as otherwise provided by this section or as may be prescribed, the provisions of this Part of this Act shall, so far as applicable, apply to still-births in like manner as they apply to births of children born alive.
2
Any qualified informant giving information to the F39district registrar for a registration district of the particulars required to be registered concerning a still-birth shall—
a
F40produce to the registrar a certificate in the prescribed form stating that the child was not born alive, and, where possible, the cause or probable cause of deathF55, any other relevant medical information and such particulars of the condition of the mother before the still-birth as may be requested in that form, which certificate shall, if a registered medical practioner was present at the birth or has examined the body of the child, be F41attested in the prescribed manner by him, and otherwise shall be F41attested in the prescribed manner by any F14registered midwife who was present or examined the body; F56...
F56b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Every registered medical practitioner or F14registered midwife who was present at a still-birth or examined the body of a still-born child shall, at the request of any person who by virtue of this Act is required to
F42a
F43b
deliver such a certificate on that person's behalf to a district registrar for a registration district nominated by that person.
4
The F44district registrar for a registration district, upon registering a still-birth, shall give to the informant without fee a certificate in the prescribed form stating that the still-birth has been registered F45or, if the person so requests, deliver such a certificate on that person's behalf to a keeper or other person having charge of a place of interment nominated by that person.
F585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
21AF74Meaning of birth registration form
In this Part, references to a birth registration form are to the prescribed form in which—
a
a person gives a district registrar information of the prescribed particulars concerning a birth, or
b
a district registrar records information of the prescribed particulars concerning a birth.