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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 10
Registration of parentage details
10 Registration of parentage details
(1) This section applies if a person applies— (a) to register the birth of a
child; or
(b) to include information about the identity of a child’s parent
in the register of births after the child’s birth has been registered.
(2)
The registrar must not include information in the register of births that
identifies a person as the parent of a child unless— (a) both— (i) the
person signed a birth registration application; and
(ii) the registrar is
satisfied that the person is a parent of the child; or
(b) the registrar is
entitled under the Status of Children Act 1978 , section 26 to presume that
the person is a parent of the child.
(3) However, the registrar may include
information about the identity of a parent who did not sign the birth
registration application if— (a) the registrar is satisfied that the parent
did not sign because— (i) the parent is dead; or
(ii) the parent’s
whereabouts are unknown; or
(iii) the parent is unable to sign the
application; or
(iv) the parent is, for another justifiable reason, unable to
apply; or
(b) the registrar is satisfied that the other parent does not
dispute the correctness of the information; or
(c) the registrar is entitled
under a law, including a law of another State or the Commonwealth, to make a
presumption as to the identity of the child’s parent.
(4) In circumstances
prescribed under a regulation, the registrar may require a person who claims
that someone is a parent of a child to prove it by giving the registrar a copy
of a court finding mentioned in the Status of Children Act 1978 , section 26 .
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