ACTIn ForceAct
Births, Deaths and Marriages Registration Act 1997
8Responsibility to have birth registered
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8 Responsibility to have birth registered
(1) The parents of a child (other than a child mentioned in subsection (2)
or (4)) are responsible for having the child’s birth registered under
this Act.
(2) The birth parent of a stillborn child who showed no sign of a heartbeat
before 20 weeks gestation—
(a) is solely responsible for deciding whether to register the birth of
the child; but
Registration of births Division 2.2
(b) must consult the other parent of the child before making the
decision.
(3) However, the birth parent is not required to consult the other parent
if it is not reasonably practicable or appropriate in the circumstances
to consult the other parent.
Examples
1 the other parent is not contactable
2 the other parent’s identity is not known
3 the terms of an agreement state that the other parent must not be contacted
4 there is a risk of family or personal violence against the birth parent or another
(4) If a child is a foundling, the person who has custody of the child is
responsible for having the child’s birth registered under this Act.