Victorian Consolidated Legislation

Births, Deaths and Marriages Registration Act 1996 - SECT 16

Registration of parentage details

16. Registration of parentage details



(1) The Registrar must not include information about the identity of a child's
parent in the Register unless-

   (a)  the father and the mother of the child make a joint application for
        the inclusion of registrable information about that identity; or

   (b)  one parent of the child makes an application for the inclusion of
        registrable information about that identity and the other parent
        cannot join in the application because-

   (i)  he or she is dead; or

   (ii) he or she cannot be found; or

   (iii) of some other reason; or

   (c)  one parent of the child makes an application for the inclusion of
        registrable information about that identity and the Registrar is
        satisfied that the other parent does not dispute the correctness of
        that information; or

   (d)  any court having jurisdiction orders the inclusion of registrable
        information about that identity in the Register; or

   (e)  any court having jurisdiction makes a finding that a particular person
        is a parent of a child; or

   (f)  the Registrar is entitled under any law (including a law of another
        State or the Commonwealth) to make a presumption as to the identity of
        the child's parent.





(2) The Registrar may include information about the identity of a child's
parent in the Register if-

   (a)  the Registrar is not prohibited by subsection (1) from so doing; or

   (b)  despite subsection (1), both parents are unable to give registrable
        information about the identity of a child's parent or parents for some
        reason or are unavailable and another person can provide information
        to the Registrar's satisfaction as to the identity of the child's
        parent or parents; or

   (c)  despite subsection (1), one parent has provided the birth registration
        statement and the registrable information relates only to the identity
        of that parent.