The Registration of Births and Deaths Regulations 1987

PART IV RE-REGISTRATION OF BIRTHS OF CHILDREN WHOSE PARENTS NOT MARRIED TO EACH OTHER

Officers before whom statements may be made

15.  The officer before whom a statement may be made for the purposes of section 9(5) of the Act(1) (request, other than to the relevant registrar, for re-registration of birth) shall be–

(a) where not more than three months have elapsed from the date of the birth, any registrar other than the relevant registrar;

(b) in any other case, any superintendent registrar.

Declaration by mother for re-registration of birth

16.  Form 2 shall be the prescribed form of the declaration to be made by the mother pursuant to section 10A(1)(b)(i)(2) of the Act (re-registration of birth to show person as father at request of mother on declaration by her and statutory declaration of father).

Re-registration of birth

17.—(1) The relevant registrar shall re-register a birth pursuant to section 10A of the Act in accordance with the following provisions of this Regulation.

(2) Where the parent attends before the registrar before the expiration of three months from the date of the birth to give information for the re-registration of the birth, the registrar shall–

(a) ascertain from the parent the particulars to be registered concerning the birth and enter them in spaces 1 to 13 on form 1 in the presence of the parent and in accordance with the authority of the Registrar General;

(b) call upon the parent to verify the particulars entered and to sign the entry in space 14 and after the signature–

(i) in a section 10A(1)(b) case, add the words “Statutory declaration made by ... ... ... ...on ... ... ... ...”, inserting the name and surname of the person acknowledging himself to be the father and the date on which the statutory declaration was made by him,

(ii) in a section 10A(1)(c) case, add the words “Pursuant to section 10A(1)(c) of the Births and Deaths Registration Act 1953”;

(c) enter in space 15 the date on which the entry is made and add the words “On the authority of the Registrar General”;

(d) sign the entry in space 16 and add his official description.

(3) Where the parent attends within three months from the date of the birth before any officer mentioned in paragraph (a) of Regulation 15, or thereafter before any officer mentioned in paragraph (b) of that Regulation, that officer shall–

(a) call upon the parent to make and sign a statement in accordance with the authority of the Registrar General–

(i) in a section 10A(1)(a) case, in form 5,

(ii) in a section 10A(1)(b) case, in form 2,

(iii) in a section 10A(1)(c) case, in form 6;

(b) attest the statement and deliver it to the relevant registrar together with the authority of the Registrar General and also–

(i) in a section 10A(1)(b) case, the statutory declaration made by the person acknowledging himself to be the father of the child,

(ii) in a section 10A(1)(c) case, the certified copy of the order made under section 4 of the Affiliation Proceedings Act 1957(3).

(4) Upon receiving the documents mentioned in paragraph (3) the relevant registrar shall–

(a) copy the particulars recorded in the spaces of the statement into the corresponding spaces of form 1;

(b) enter in space 14 the name of the parent in the form in which he signed the statement and–

(i) add the words “by declaration dated ... ... ... ...”, inserting the date on which the declaration was made and signed,

(ii) in a section 10A(1)(b) or (c) case make the appropriate further addition specified in head (i) or (ii) (as the case may be) of paragraph (2)(b);

(c) enter in space 15 the date on which the entry is made, adding the words “On the authority of the Registrar General”;

(d) if not more than three months have elapsed from the date of the birth, sign the entry in space 16 and add his official description;

(e) if more than three months have elapsed from the date of the birth, make the whole entry in the presence of the relevant superintendent registrar, in which case both officers shall sign the entry in space 16 and add their official descriptions.

(5) In this Regulation “parent” means–

(a) in a section 10A(1)(a) case, both the father and the mother;

(b) in a section 10A(1)(b) or (c) case, the mother,

and references to section 10A(1) are to section 10A(1) of the Act.

Noting of previous entry

18.  Where a birth is re-registered in accordance with this Part of these Regulations, the superintendent registrar or registrar having custody of the register in which the birth was previously registered shall, when so directed by the Registrar General, note the margin of the previous entry with the words “Re-registered under section 10A of the Births and Deaths Registration Act 1953 on ... ... ... ...”, inserting the date of the re-registration.

(1)

Section 9(5) was added by section 93(3) of the Children Act 1975 (c. 72).

(2)

Section 10A was added by section 93(2) of the Children Act 1975 (c. 72).

(3)

1957 c. 55; section 4 was amended by section 1(1) and (2) of the Affiliation Proceedings (Amendment) Act 1972 (c. 49) and by section 50 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).