Search Legislation

Births and Deaths Registration Act 1953

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes to legislation:

Births and Deaths Registration Act 1953, Section 10A is up to date with all changes known to be in force on or before 18 April 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 10A:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F110A [F2Re-registration where parents neither married nor civil partners]E+W

(1)Where there has been registered under this Act the birth of a child whose father and mother were not married to [F3, or civil partners of,] each other at the time of the birth, but no person has been registered as the father of the child [F4(or as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008)], the registrar shall re–register the birth so as to show a person as the father—

(a)at the joint request of the mother and that person; or

(b)at the request of the mother on production of—

(i)a declaration in the prescribed form made by the mother 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)at the request of that person on production of—

(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

[F5(d)at the request of the mother or that person on production of—

(i)a copy of [F6any agreement made between them under section 4(1)(b) of the Children Act 1989 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 section 4 of [F7that Act] and has not been brought to an end by an order of a court; or

(e)at the request of the mother or that person on production of—

(i)a certified copy of an order under section 4 of the Children Act 1989 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)at the request of the mother or that person on production of—

(i)a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(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

[F8(ff)in the case of a man who is to be treated 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, if the condition in section 10ZA(2) of this Act is satisfied; or]

(g)at the request of the mother or that person on production of—

(i)a certified copy of any of the orders which are mentioned in subsection (1A) of this section 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.]

but no birth shall be re–registered under this section except in the prescribed manner and with the authority of the Registrar General.

[F9(1A)The orders are—

(a)an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child;

(b)an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent;

(c)an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child;

(d)an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child.]

[F10(1B)Where there has been registered under this Act the birth of a child to whom section 1(3) of the Family Law Reform Act 1987 does not apply, but no person has been registered as a parent of the child by virtue of section 42, 43 or 46(1) or (2) of the Human Fertilisation and Embryology Act 2008 (or as the father of the child), the registrar shall re-register the birth so as to show a woman (“the woman concerned”) as a parent of the child by virtue of section 43 or 46(1) or (2) of that Act—

(a)at the joint request of the mother and the woman concerned; 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 stating herself to be a parent of the child by virtue of section 43 of that Act; or

(c)at the request of the woman concerned on production of—

(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)at the request of the mother or the woman concerned on production of—

(i)a copy of an agreement made between them under section 4ZA(1)(b) of the Children Act 1989 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 section 4ZA of that Act and has not been brought to an end by an order of a court; or

(e)at the request of the mother or the woman concerned on production of—

(i)a certified copy of an order under section 4ZA of the Children Act 1989 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)at the request of the mother or the woman concerned on production of—

(i)a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires the woman concerned to make any financial provision for the child and which is not an order falling within paragraph 4(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)in the case of a woman who is to be treated as a parent of the child by virtue of section 46(1) or (2) of the Human Fertilisation and Embryology Act 2008, if the condition in section 10ZA(2) of this Act is satisfied.]

(2)On the re–registration of a birth under this section—

(a)the registrar shall sign the register;

[F11(b)in the case of any of the following requests—

(i)a request under subsection (1)(a) or (b) or subsection (1B)(a) or (b);

(ii)a request under subsection (1)(d), (e), (f) or (g) or subsection (1B)(d), (e) or (f) made by the mother of the child,

the mother shall also sign the register;

(bb)in a case within subsection (1)(ff) or (1B)(g), the mother or (as the case may be) the qualified informant shall also sign the register;

(c)in the case of a request made under subsection (1)(a) or (c) or a request made under subsection (1)(d), (e), (f) or (g) by the person requesting to be registered as the father of the child, that person shall also sign the register;

(cc)in the case of a request made under subsection (1B)(a) or (c) or a request made under subsection (1B)(d), (e) or (f) by a woman requesting to be registered as a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, that woman shall also sign the register; F12...]

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2S. 10A heading substituted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 7(2); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F4Words in s. 10A(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 7(3)(a); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F5S. 10A(1)(d)–(g) substituted (14.10.1991) for s. 10A(1)(d) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(2); S.I. 1991/828, art. 3(2)

F8S. 10A(1)(ff) substituted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 7(3)(b); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F10S. 10A(1B) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 7(4); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F11Ss. 10A(2)(b)-(cc) substituted for s. 10A(2)(b)(bb)(c) (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 7(5); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

Modifications etc. (not altering text)

C1S. 10A applied (with modifications) (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 3 para. 7(1)(2); S.I. 2005/54, art. 2

C2S. 10A(1)(a)-(c): power to delegate certain functions conferred (18.3.1997) by S.I. 1997/962, art. 2(1)(2)(a)(i)(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources