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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 8 Responsibility to have birth registered

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 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

        (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 person

    (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.