The New South Wales Law Reform Commission is examining the law and practice relating to the registration and certification of births and deaths in this State. In light of information already received from various public interest groups, academic lawyers and government departments, the Commission has formulated several options for reform. This paper is written to advance the Commission's inquiry by encouraging discussion and submissions.
On 11 November 1985, the Attorney General of New South Wales, the Hon Terry Sheahan, BA LLB MP, referred the following matters to the Commission for inquiry and report:
- Criteria for registration of the surname of a child of married and unmarried parents; registration procedures and acknowledgment of paternity in relation to an ex-nuptial child; details to be recorded in relation to births and deaths; provision of certificates omitting potentially embarrassing details appearing in a registration.
- Any related matter.
The reference was given to the Commission as a result of representations and complaints received by the Attorney General in recent years and follows a significant decision of the New South Wales Equal Opportunity Tribunal concerning the naming of a new born child. In a dispute between a married couple over whether their. child was to be registered in the husband's or wife's family name, the husband's name was preferred by the Registry. The husband and wife were living apart at the time of the birth of the child. The Equal Opportunity Tribunal held the decision to be discriminatory and the Registry changed its practice to accept the first name submitted. Neither practice is entirely satisfactory and the Commission has been asked to consider alternative solutions.
