Queensland Consolidated Acts
[Search this Act]
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 8
Responsibility to apply to have birth registered
8 Responsibility to apply to have birth registered
(1) If the birth of a child must be registered in Queensland, the following
persons must apply to register the birth—
(a) both parents of the child;
(b) if the child was found abandoned as a newborn—the person taking care of
Maximum penalty—20 penalty units.
However, the registrar may accept an application completed by only 1 of the
parents if the registrar is satisfied—
(a) the applicant is unable or
unwilling to give information as to the other parent’s identity or
1 The applicant does not know the father’s
2 The applicant does not know the other parent’s whereabouts.
(b) the other parent is unable, unlikely or unwilling to sign the application;
1 The other parent is dead.
2 The other parent can not be
(c) the requirement under subsection (1) (a) for the other parent
to apply to register the birth would cause the applicant unnecessary distress.
1 The applicant is too frightened to contact the other parent
because of a domestic violence situation.
2 Contact between the applicant and
the other parent would breach a domestic violence order.
(2A) If the
registrar accepts an application under subsection (2) (a) or (b) and has an
address for the other parent, the registrar must, before registering the
(a) give the other parent—
(i) written notice of the application;
(ii) at least 14 days written notice of the registrar’s intention to
register the birth; and
(b) ask the other parent to sign an application.
(2B) A failure of the registrar to comply with subsection (2A) , or a failure
of the parent of a child to sign an application as requested under
subsection (2A) (b) , does not prevent the registration of the child’s
birth or affect the validity of the registration.
(3) Also, the registrar may
accept an application from a person who is not responsible for having the
child’s birth registered if the registrar is satisfied—
(a) the child’s
parents are unable, or unlikely, to apply to register the birth; and
person knows the relevant facts.
(4) If the registrar does not receive an
application under subsection (1) , (2) or (3) for a birth, the registrar may
require 1 of the following persons to apply to register the birth—
person in charge of the place where the child was born;
(b) a person present
at the birth;
(c) a person whom the registrar reasonably believes knows the
(5) A person must comply with the registrar’s requirement,
unless the person has a reasonable excuse.
penalty—20 penalty units.
AustLII: Copyright Policy