Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 16

Registration of parentage details

    (1)     The Registrar must not include information about the identity of a child's parent in the Register unless—

S. 16(1)(a) amended by No. 76/2008 s. 152.

        (a)     the parents of the child make a joint application for the inclusion of registrable information about that identity; or

        (b)     one parent of the child makes an application for the inclusion of registrable information about that identity and the other parent cannot join in the application because—

              (i)     he or she is dead; or

              (ii)     he or she cannot be found; or

              (iii)     of some other reason; or

        (c)     one parent of the child makes an application for the inclusion of registrable information about that identity and the Registrar is satisfied that the other parent does not dispute the correctness of that information; or

        (d)     any court having jurisdiction orders the inclusion of registrable information about that identity in the Register; or

        (e)     any court having jurisdiction makes a finding that a particular person is a parent of a child; or

        (f)     the Registrar is entitled under any law (including a law of another State or the Commonwealth) to make a presumption as to the identity of the child's parent.

    (2)     The Registrar may include information about the identity of a child's parent in the Register if—

        (a)     the Registrar is not prohibited by subsection (1) from so doing; or

        (b)     despite subsection (1), both parents are unable to give registrable information about the identity of a child's parent or parents for some reason or are unavailable and another person can provide information to the Registrar's satisfaction as to the identity of the child's parent or parents; or

        (c)     despite subsection (1), one parent has provided the birth registration statement and the registrable information relates only to the identity of that parent.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback