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Where am I now? Lawlink > Law Reform Commission > Publications > Summary of Recommendations

Report 61 (1988) - Names: Registration and Certification of Births and Deaths

Summary of Recommendations

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History of this Reference (Digest)


In this Summary of Recommendations, and throughout the Report, the Registration of Births, Deaths and Marriages Act 1973 is referred to as the Registration Act.

1. An Open Register

The Register of Births, Deaths and Marriages should become an open register available to all members of the public, except for those parts which are closed by statutory authority. (paras 4.14-4.24)

2. Information Recorded

The Register should contain the minimum information necessary to fulfil the purposes for which it was created. (paras 4.25-4.33)

3. Certificates

Certificates issued by die Registry should contain only the information requested by the applicant. (paras 4.34-4.36)

4. Corrections and Deletions

The Register should contain an accurate record of all entries made on it. 7here should be no deletions or expungernent to conceal sensitive or embarrassing material. People affected by entries on the Register should have access to the Register to ensure that those entries are correct. (paras 4.37-4.44)

5. Birth Registrations

Both parents should be required to register the birth of their child. (paras 4.45-4.56)

6. Registration of Name

It should be compulsory for parents to register a name for their child at birth. (paras 4.57-4.58)

7. Choice of Names

The names of a child entered on the Register should be those chosen by the parents. 'The only exceptions to this freedom of choice should be made to ensure that names are not obscene, offensive or unreasonable in length. 7he parents should be free to register the names, including the sumame, by which they intend the child to be known. (paras 4.59-4.69)

8. Change of Name

(i) There should be no change to the existing law under which a change of name is a matter of choice for an individual, and for which registration is not necessary.

(ii) The evidence required to support an application to register a change of name should be stated in Regulations under the Registration Act.

(iii) The statutory prohibition on recording a change of surname following marriage should be removed.

(paras 4.70-4.78)

9. Registration of a Change of Name

Administrative responsibility for the registration of changes of name should be transferred from the Land Titles Office to the Registry of Births, Deaths and Marriages.(paras 4.79-4.80)

10. Registration of Stillbirths

(i) A permanent Register of Stillbirths should be created and maintained. The Register should not be open to the public, but certificates containing the information entered on the Register should be available to the parents.

(ii) The definition of stillbirth in the Registration Act should be amended to accord with the definition used for medical purposes.

(paras 4.81-4.92)

11. Registration of Adoptions

The Commission recommends no change to practice in relation to the registration of adoptions. Information on the original birth registration of a child who is subsequently adopted should be retained permanently, although not made available for public access. (paras 4.93-4.96)

12. Registration and Artificial Reproduction

Consistently with the registration of adoption, the Registry of Births, Deaths and Marriages should become the repository of all information relating to the parentage of children born through use of any of the artificial reproductive techniques. This information should be held permanently, initially on a closed register, until decisions are taken on the storage and release of the information. (paras 4.97-4.104)

13. Registration and Transsexuals

(i) Alteration of the Register should be permitted to reflect change of sex following sexual reassignment surgery.

(ii) Applications for such alterations to the Register should be supported by a statutory declaration citing appropriate medical evidence.

(iii) An application for a change of name to a name more appropriate to a member of the opposite sex should be accepted and the change registered, provided the application is supported by evidence necessary to prove change of name at common law.

(iv) No entry on the register should be expunged following an alteration to sex or name, but certificates issued by the Registry should contain only the information requested by the applicant.

(v) These parts of the Register should be kept open to the public.

(paras 4.105-4.114)

14. Registration of Death

Where possible the particulars necessary for the registration of a death should be obtained from a relative of the deceased person as relative is defined in the Registration Act. (paras 4.115-4.127)


Terms of Reference | Participants | Summary of Recommendations
Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4
Appendix A | Appendix B | Appendix C

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