ACTIn ForceAct
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).
Intended parent information Division 2.4