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Births, Deaths and Marriages Registration Act 2023
sec.11Registration of parentage details
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### sec.11 Registration of parentage details
This section applies if a person applies—
to register the birth of a child; or
to include information about the identity of a child’s parent in the register of births after the child’s birth has been registered.
The registrar must not include information in the register of births that identifies a person as the parent of a child unless—
both—
the person signed a birth registration application; and
the registrar is satisfied that the person is a parent of the child; or
the registrar is entitled under the Status of Children Act 1978 , section 26 to presume that the person is a parent of the child.
However, the registrar may include information about the identity of a parent who did not sign a birth registration application if—
the registrar is satisfied that the parent did not sign because—
the parent is dead; or
the parent’s whereabouts are unknown; or
the parent is, for another justifiable reason, unable to sign; or
the registrar is satisfied that the parent does not dispute the correctness of the information; or
the registrar is entitled under a law, including a law of another State or the Commonwealth, to make a presumption as to the identity of the child’s parent.
The registrar may require a person who claims that someone is a parent of a child to prove it by giving the registrar a copy of a court finding mentioned in the Status of Children Act 1978 , section 26 .
(sec.11-ssec.1) This section applies if a person applies— to register the birth of a child; or to include information about the identity of a child’s parent in the register of births after the child’s birth has been registered.
(sec.11-ssec.2) The registrar must not include information in the register of births that identifies a person as the parent of a child unless— both— the person signed a birth registration application; and the registrar is satisfied that the person is a parent of the child; or the registrar is entitled under the Status of Children Act 1978 , section 26 to presume that the person is a parent of the child.
(sec.11-ssec.3) However, the registrar may include information about the identity of a parent who did not sign a birth registration application if— the registrar is satisfied that the parent did not sign because— the parent is dead; or the parent’s whereabouts are unknown; or the parent is, for another justifiable reason, unable to sign; or the registrar is satisfied that the parent does not dispute the correctness of the information; or the registrar is entitled under a law, including a law of another State or the Commonwealth, to make a presumption as to the identity of the child’s parent.
(sec.11-ssec.4) The registrar may require a person who claims that someone is a parent of a child to prove it by giving the registrar a copy of a court finding mentioned in the Status of Children Act 1978 , section 26 .
- (a) to register the birth of a child; or
- (b) to include information about the identity of a child’s parent in the register of births after the child’s birth has been registered.
- (a) both— (i) the person signed a birth registration application; and (ii) the registrar is satisfied that the person is a parent of the child; or
- (i) the person signed a birth registration application; and
- (ii) the registrar is satisfied that the person is a parent of the child; or
- (b) the registrar is entitled under the Status of Children Act 1978 , section 26 to presume that the person is a parent of the child.
- (i) the person signed a birth registration application; and
- (ii) the registrar is satisfied that the person is a parent of the child; or
- (a) the registrar is satisfied that the parent did not sign because— (i) the parent is dead; or (ii) the parent’s whereabouts are unknown; or (iii) the parent is, for another justifiable reason, unable to sign; or
- (i) the parent is dead; or
- (ii) the parent’s whereabouts are unknown; or
- (iii) the parent is, for another justifiable reason, unable to sign; or
- (b) the registrar is satisfied that the parent does not dispute the correctness of the information; or
- (c) the registrar is entitled under a law, including a law of another State or the Commonwealth, to make a presumption as to the identity of the child’s parent.
- (i) the parent is dead; or
- (ii) the parent’s whereabouts are unknown; or
- (iii) the parent is, for another justifiable reason, unable to sign; or