Births, Deaths and Marriages Registration Act 1997
16Addition or alteration of details of parentage after
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16 Addition or alteration of details of parentage after registration of birth (1) The registrar-general must include information about a child’s parent in the register after registration of the child’s birth if— (a) the parents of the child apply for the inclusion of the information; or (b) a parent of the child applies for the inclusion of the information and the registrar-general is satisfied that the other parent is dead or cannot join in the application because the other parent cannot be found or for any other reason; or
Alteration of details of birth registration Division 2.3 (c) a parent of the child applies for the inclusion of the information and the registrar-general is satisfied that the other parent does not dispute the correctness of the information; or (d) the Supreme Court orders the inclusion of the information; or (e) a court makes a finding that a particular person is a parent of the child; or (f) the registrar-general is entitled under an Act or a law of a State, the Commonwealth or another Territory to make a presumption about the identity of a parent of the child; or (g) the inclusion of the information is authorised by regulation. (2) On application, the registrar-general must alter any of the following information about a child’s parent in the register after registration of the child’s birth: (a) the name of a parent whose change of name is registered under this Act or a corresponding law; (b) the words used to describe a parent’s relationship with the child. (3) An application to alter information may be made by— (a) both parents; or (b) 1 parent if— (i) the information is about the parent and the registrar-general is satisfied that the other parent— (A) is dead or cannot join in the application because the other parent cannot be found or for any other reason; or (B) does not dispute the correctness of the information; or (ii) the only alteration is to use the word ‘parent’ to describe the parent’s relationship with the child.
(4) However, if the child is at least 14 years old, the registrar-general must not alter the information unless— (a) the registrar-general is satisfied that the child consents to the alteration; or (b) the only alteration is to use the word ‘parent’ to describe either or both parent’s relationship with the child. (5) An application to the registrar-general for the addition or alteration of registrable information in the register must— (a) be made in writing; and (b) include the information required by the registrar-general; and (c) if the registrar-general requires verification of the information in the application—be accompanied by a statement verifying the information and any other evidence that the registrar-general requires. (6) On application by an interested person, the Supreme Court may order that the register be amended— (a) by omitting or adding specified information about a child’s parentage; or (b) by adding information that relates to the marriage, civil union or civil partnership of the child’s parents. (7) This section does not limit section 40 (Correction of register).