Births and Deaths Registration Act 1953

[F1 10A Re–registration where parents not married. E+W

(1) Where there has been registered under this Act the birth of a child whose father and mother were not married to each other at the time of the birth, but no person has been registered as the father of the child, 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

[F2 (d) at the request of the mother or that person on production of—

(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 section 4 of the Children Act 1989 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

(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.

[F3 (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.]

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

(a) the registrar shall sign the register;

(b) in the case of a request under paragraph (a) or (b) of subsection (1) of this section, or a request under [F4 any of paragraphs (d) to (g)] of that subsection made by the mother of the child, the mother shall also sign the register;

(c) in the case of a request under paragraph (a) or (c) of that subsection, or a request made under [F4 any of paragraphs (d) to (g)] of that subsection by the person requesting to be registered as the father of the child, that person shall also sign the register; and

(d) if the re–registration takes place more than three months after the birth, the superintendent registrar shall also sign the register.]

Textual Amendments

F1 S. 10A substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 25

F2 S. 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)

F3 S. 10A(1A) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(3); S.I. 1991/828, art. 3(2)

F4 Words in s. 10A(2)(b)(c) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(6); S.I. 1991/828, art. 3(2)