NSWIn ForceAct
Births, Deaths and Marriages Registration Act 1995
49Issue of certificate
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#### 49 Issue of certificate
49 Issue of certificate
> > (1) On completing a search of the Register, the Registrar may issue a certificate—
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> > > (a) certifying some or all of the particulars contained in an entry, or
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> > > (b) certifying that no entry was located in the Register about the relevant registrable event.
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> > Note.
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> > See section 25A(3) in relation to the requirement for the Registrar to issue more than 1 certificate for adopted persons.
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> > (2) A certificate under subsection (1) (a) is admissible in legal proceedings as evidence of—
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> > > (a) the entry to which the certificate relates, and
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> > > (b) the facts recorded in the entry.
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> > (3) If the word “illegitimate”, or any other word or expression referring to the fact that a child was born outside marriage, appears in an entry in the Register, that word or expression is not to be included in any certificate issued by the Registrar.
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> > (3A) If an entry in the register records information referred to in section 42(3)(b), that information is not to be included in a certificate issued by the Registrar.
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> > (4) If requested to do so by an applicant, and authorised to do so under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075), the Registrar must issue a single certificate (an adopted person’s birth record) certifying particulars contained in an entry relating to the birth of a person and particulars relating to a record sent to the Registrar under Chapter 7 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) (or a memorandum under the former Acts) and registered under this Act.
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> > (5) If requested to do so by an applicant, and authorised to do so under the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102), the Registrar must issue the applicant with a full birth record, being a single certificate that certifies particulars relating to the birth of a person registered under section 17 and particulars of a parentage order or discharge of a parentage order relating to the person registered by the Registrar under Part 4A.
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> > (6) A certificate issued under this section for a person whose record of sex was altered under Part 5A—
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> > > (a) must include the record of the person’s sex as altered without indicating the record was altered, and
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> > > (b) if the person has also registered a change of name under Part 5—
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> > > > (i) may indicate the person’s name has changed, but
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> > > > (ii) must not include the person’s name before it was changed, unless the Registrar is requested to do so by the person.
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> **s 49:** Am 2000 No 75, Sch 2.1 \[5\]; 2008 No 62, Sch 1.4 \[3\]; 2008 No 107, Sch 3 \[5\] \[6\]; 2010 No 102, Sch 2.2 \[3\]; 2013 No 79, Sch 2 \[5\]; 2020 No 22, Sch 2\[2\]; 2022 No 17, Sch 1A.1\[2\] (SLR 2023 No 7, Sch 2.50); 2025 No 62, Sch 3\[4\] \[5\].