§ 17 — Re‑registration of birth in relation to Status of Children (Assisted Reproduction Technology) Act 2013

17.—(1) This section applies to a person (called in this section the subject person) —(a)

to whom the Status of Children (Assisted Reproduction Technology) Act 2013 applies; and

(b)

whose birth is registered under section 9 or 13 (or section 9, 17 or 23 of the repealed Act) —(i)

without the Registrar‑General being informed of the application of the Status of Children (Assisted Reproduction Technology) Act 2013 to the subject person; or

(ii)

without entering the particulars of either or both of the subject person’s parents in the register of births due to the application of section 16(2)(a) or (b) at the time of the birth registration.

(2) An application may be made to the Registrar‑General for re‑registration of the subject person’s birth by any of the following persons (called in this section the applicant):(a)

a person who is a parent, or claiming to be a parent, of the subject person;

(b)

where the subject person is a minor and has a legal guardian — the legal guardian;

(c)

where the subject person is not a minor — the subject person;

(d)

where a court order is made under the Status of Children (Assisted Reproduction Technology) Act 2013 declaring or determining the subject person’s parenthood — the person who applied for the court order.

(3) The application under subsection (2) may include a change of name for the subject person, but only to the extent of altering the subject person’s name entered in the register of births to reflect the parenthood of the subject person.

(4) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires.

(5) Where a court order is made under the Status of Children (Assisted Reproduction Technology) Act 2013 declaring or determining the subject person’s parenthood, the Registrar‑General may re‑register the subject person’s birth in accordance with the court order if —(a)

the Registrar‑General is satisfied that the applicant has complied with the requirements relating to the application; and

(b)

where the application includes a change of name for the subject person —(i)

the new name complies with the requirements of subsection (3), and with section 19(1);

(ii)

the Registrar‑General does not refuse the new name under section 19(2); and

(iii)

where the subject person is not a minor and is not the applicant — the subject person consents to the new name.

(6) Where there is no court order declaring or determining the subject person’s parenthood under the Status of Children (Assisted Reproduction Technology) Act 2013, the Registrar‑General may re‑register the subject person’s birth in accordance with that Act if —(a)

the Registrar‑General —(i)

is satisfied that the applicant has complied with the requirements relating to the application;

(ii)

is satisfied as to the parenthood of the subject person under that Act; and

(iii)

is not informed of any dispute as to the parenthood of the subject person under that Act; and

(b)

where the application includes a change of name for the subject person —(i)

the new name complies with the requirements of subsection (3), and with section 19(1);

(ii)

the Registrar‑General does not refuse the new name under section 19(2); and

(iii)

where the subject person is not a minor and is not the applicant — the subject person consents to the new name.

(7) This section does not affect the parenthood of a person under the Status of Children (Assisted Reproduction Technology) Act 2013.

—(1) This section applies to a person (called in this section the subject person) —(a)

to whom the Status of Children (Assisted Reproduction Technology) Act 2013 applies; and

(b)

whose birth is registered under section 9 or 13 (or section 9, 17 or 23 of the repealed Act) —(i)

without the Registrar‑General being informed of the application of the Status of Children (Assisted Reproduction Technology) Act 2013 to the subject person; or

(ii)

without entering the particulars of either or both of the subject person’s parents in the register of births due to the application of section 16(2)(a) or (b) at the time of the birth registration.

(2) An application may be made to the Registrar‑General for re‑registration of the subject person’s birth by any of the following persons (called in this section the applicant):(a)

a person who is a parent, or claiming to be a parent, of the subject person;

(b)

where the subject person is a minor and has a legal guardian — the legal guardian;

(c)

where the subject person is not a minor — the subject person;

(d)

where a court order is made under the Status of Children (Assisted Reproduction Technology) Act 2013 declaring or determining the subject person’s parenthood — the person who applied for the court order.

(3) The application under subsection (2) may include a change of name for the subject person, but only to the extent of altering the subject person’s name entered in the register of births to reflect the parenthood of the subject person.

(4) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires.

(5) Where a court order is made under the Status of Children (Assisted Reproduction Technology) Act 2013 declaring or determining the subject person’s parenthood, the Registrar‑General may re‑register the subject person’s birth in accordance with the court order if —(a)

the Registrar‑General is satisfied that the applicant has complied with the requirements relating to the application; and

(b)

where the application includes a change of name for the subject person —(i)

the new name complies with the requirements of subsection (3), and with section 19(1);

(ii)

the Registrar‑General does not refuse the new name under section 19(2); and

(iii)

where the subject person is not a minor and is not the applicant — the subject person consents to the new name.

(6) Where there is no court order declaring or determining the subject person’s parenthood under the Status of Children (Assisted Reproduction Technology) Act 2013, the Registrar‑General may re‑register the subject person’s birth in accordance with that Act if —(a)

the Registrar‑General —(i)

is satisfied that the applicant has complied with the requirements relating to the application;

(ii)

is satisfied as to the parenthood of the subject person under that Act; and

(iii)

is not informed of any dispute as to the parenthood of the subject person under that Act; and

(b)

where the application includes a change of name for the subject person —(i)

the new name complies with the requirements of subsection (3), and with section 19(1);

(ii)

the Registrar‑General does not refuse the new name under section 19(2); and

(iii)

where the subject person is not a minor and is not the applicant — the subject person consents to the new name.

(7) This section does not affect the parenthood of a person under the Status of Children (Assisted Reproduction Technology) Act 2013.