Office of Public Sector Information
(1)Subject to the provisions of this Part of this Act, the birth of every child born in England and Wales shall be registered by the registrar of births and deaths for the sub–district in which the child was born by entering in a register kept for that sub–district such particulars concerning the birth as may be prescribed; and different registers shall be kept and different particulars may be prescribed for live–births and still–births respectively:
Provided that, where a [F1still–born child] is found exposed and no information as to the place of birth is available, the birth shall be registered by the registrar of births and deaths for the sub–district in which the child is found.
(2)The following persons shall be qualified to give information concerning a birth, that is to say—
(a)the father and mother of the child;
(b)the occupier of the house in which the child was to the knowledge of that occupier born;
(c)any person present at the birth;
(d)any person having charge of the child.
[F2(e)in the case of a still–born child found exposed, the person who found the child.]
F1Words substituted by Children Act 1975 (c. 72), Sch. 3 para 13(1)
F2S. 1(2)(e) added by Children Act 1975 (c. 72), Sch. 3 para. 13(2)
In the case of every birth it shall be the duty—
(a)of the father and mother of the child; and
(b)in the case of the death or inability of the father and mother, of each other qualified informant,
to give to the registrar, before the expiration of a period of forty–two days from the date of the birth, information of the particulars required to be registered concerning the birth, and in the presence of the registrar to sign the register:
Provided that—
the giving of information and the signing of the register by any one qualified informant shall act as a discharge of any duty under this section of every other qualified informant;
this section shall cease to apply if, before the expiration of the said period and before the birth has been registered, an inquest is held at which the child is found to have been still–born.
Where any [F1still–born child] is found exposed, it shall be the duty of the person finding the child, . . . F2 to give to the best of his knowledge and belief to the registrar, before the expiration of forty–two days from the date on which the child was found, such information of the particulars required to be registered concerning the birth of the child as the informant possesses, and in the presence of the registrar to sign the register:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
F1Words substituted by Children Act 1975 (c. 72), Sch. 3 para 13(1)
F2Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. VI
F3S. 3 proviso repealed by Children Act 1975 (c. 72), Sch. 4 Pt. VI
(1)Where the place and date of birth of a child who was abandoned are unknown to, and cannot be ascertained by, the person who has charge of the child, that person may apply to the Registrar General for the child’s birth to be registered under this section.
(2)On an application under this section the Registrar General shall enter in a register maintained at the General Register Office—
(a)as the child’s place of birth, if the child was found by the applicant or by any person from whom (directly or indirectly) the applicant took charge of the child, the registration district and sub–district where the child was found, or, in any other case, where the child was abandoned;
(b)as the child’s date of birth, the date which, having regard to such evidence as is produced to him, appears to him to be the most likely date of birth of the child, and
(c)such other particulars as may be prescribed.
(3)The Registrar General shall not register a child’s birth under this section if—
(a)he is satisfied that the child was not born in England or Wales; or
(b)the child has been adopted in pursuance of a court order made in the United Kingdom, the Isle of Man or the Channel Islands; or
(c)subject to subsection (5) below, the child’s birth is known to have been previously registered under this Act.
(4)If no entry can be traced in any register of births relating to a person who has attained the age of 18 and has not been adopted as aforesaid, that person may apply to the Registrar General for his birth to be registered under this section.
(5)On the application of—
(a)a person having the charge of a child whose birth had been registered under this Act by virtue of the proviso to section 1 of this Act (as originally enacted), or
(b)any such child who has attained the age of 18 years,
the Registrar General shall re–register the birth of the child under this section, and shall direct the officer having custody of the register of births in which the entry relating to the child was previously made to enter in the margin of the register a reference to the re–registration of the birth.]
Where, after the expiration of forty–two days from the date of the birth of any child or from the date when any [F1still–born child] is found exposed, the birth of the child has, owing to the default of the persons required to give information concerning it, not been registered, the registrar may by notice in writing require any qualified informant—
(a)to attend personally at the registrar’s office, or at some other place appointed by the registrar within his sub–district, before such date (being not less than seven days after the receipt of the notice nor more than three months after the date of the birth or finding) as may be specified in the notice; and
(b)to give information to the best of that person’s knowledge and belief of the particulars required to be registered concerning the birth; and
(c)to sign the register in the presence of the registrar:
Provided that any such requirement shall cease to have effect if, before the date specified in the notice and before the person to whom the notice is given complies with it, the birth is duly registered.
Where the registrar receives personally from any qualified informant, at any time before the expiration of three months from the date of the birth of any child or from the date when any [F1still–born child] is found exposed, information of the particulars required to be registered concerning the birth of the child, then, subject as may be prescribed in the case of an alleged still–birth where no certificate such as is mentioned in subsection (1) of section eleven of this Act is delivered, he shall forthwith register the birth and the particulars, if not previously registered, in the prescribed form and manner without any fee or reward from the informant:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words substituted by Children Act 1975 (c. 72), Sch. 3 para 13(1)
F2S. 5 proviso repealed by S.I. 1968/1242, Sch. 2
(1)Where, after the expiration of three months from the date of the birth of any child . . . F1 the birth of the child has not been registered, the registrar may by notice in writing require any qualified informant—
(a)to attend personally at the district register office before such date (being not less than seven days after the receipt of the notice nor more than twelve months after the date of the birth . . . F1 as may be specified in the notice; and
(b)to make before the superintendent registrar a declaration according to the best of the declarant’s knowledge and belief of the particulars required to be registered concerning the birth; and
(c)to sign the register in the presence of the registrar and the superintendent registrar.
(2)Upon any qualified informant attending before the registrar and superintendent registrar, whether in pursuance of a requirement or not, and making such a declaration as aforesaid and giving information concerning the birth, the registrar shall then and there in the presence of the superintendent registrar register the birth according to the information of the declarant, and the superintendent registrar before whom the declaration is made, the registrar and the declarant shall each sign the entry of the birth.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(4)This section shall not apply in the case of a still–birth.
F1Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. VI
F2Ss. 6(3), 7(2), 14(3), 21(2) repealed by S.I. 1968/1242, Sch. 2
(1)Where, after the expiration of twelve months from the date of the birth of any child . . . F1 the birth of the child has not been registered, the birth shall not be registered except with the written authority of the Registrar General and in such manner and subject to such conditions as may be prescribed, and the fact that the authority of the Registrar General has been obtained shall be entered in the register.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(3)This section shall not apply in the case of a still–birth.
F1Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. VI
F2Ss. 6(3), 7(2), 14(3), 21(2) repealed by S.I. 1968/1242, Sch. 2
Save as provided in the two last foregoing sections, a registrar shall not register the birth of any child after the expiration of three months from the date of birth . . . F1, from the date of the finding, and any person who registers any birth, or causes any birth to be registered, in contravention of this section shall be liable on summary conviction to a fine not exceeding [F2level 1 on the standard scale].
F1Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. VI
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
(1)Any person required by or under this Act to give information to the registrar concerning a birth F1. . . may give that information by making and signing in the presence of and delivering to such officer as may be prescribed a declaration in writing of the particulars required to be registered concerning the birth.
(2)The officer in whose presence such a declaration is made shall send the declaration to the registrar who shall in the prescribed manner enter the birth in the register.
(3)An entry made under the last foregoing subsection shall be deemed for the purposes of this Act to have been signed by the person who signed the declaration, and a person making a declaration under this section shall be deemed to have given information concerning the birth to the registrar and to have complied with any requirement of the registrar made under this Act to attend and give that information.
[F2(4)A request made under section 10 of this Act may be included in a declaration under subsection (1) of this section, and, if the request is made under paragraph [F3(b), (c) or (d)] of that section, the documents required by that paragraph to be produced shall be produced to the officer in whose presence the declaration is made and sent by him with the declaration to the registrar.
(5)A request made under section 10A of this Act instead of being made to the registrar may be made by making and signing in the presence of and delivering to a prescribed officer a statement in the prescribed form and producing to the officer any documents required to be produced by that section, and—
(a)the officer shall send the request together with those documents, if any, to the registrar who shall with the authority of the Registrar General re–register the birth as if the request had been made to him; and
(b)the person or persons who sign the statement shall be deemed to have signed the register as required by subsection (2) of that section.]
F1Words in s. 9(1) repealed (1.4.1997) by S.I. 1996/2395, art. 2(2)
F2S. 9(4)(5) added by Children Act 1975 (c. 72), s. 93(3)
F3Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 15
(1)Notwithstanding anything in the foregoing provisions of this Act, in the case of a child whose father and mother were not married to each other at the time of his birth, no person shall as father of the child be required to give information concerning the birth of the child, and the registrar shall not enter in the register the name of any person as father of the child except—
(a)at the joint request of the mother and the person stating himself to be the father of the child (in which case that person shall sign the register together with the mother); or
(b)at the request of the mother on production of—
(i)a declaration in the prescribed form made by the mother stating that that person is the father of the child; and
(ii)a statutory declaration made by that person stating himself to be the father of the child; or
(c)at the request of that person on production of—
(i)a declaration in the prescribed form by that person stating himself to be the father of the child; and
(ii)a statutory declaration made by the mother stating that that person is the father of the child; or
[F2(d)at the request of the mother or that person on production of—
(i)a copy of a parental responsibility agreement made between them in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of the Children Act 1989 and has not been brought to an end by an order of a court; or
(e)at the request of the mother or that person on production of—
(i)a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or
(f)at the request of the mother or that person on production of—
(i)a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or
(g)at the request of the mother or that person on production of—
(i)a certified copy of any of the orders which are mentioned in subsection (1A) of this section which has been made in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court.]
[F3(1A)The orders are—
(a)an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child;
(b)an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent;
(c)an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child;
(d)an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child.]
(2)Where, in the case of a child whose father and mother were not married to each other at the time of his birth, a person stating himself to be the father of the child makes a request to the registrar in accordance with paragraph (c) [F4to (g)] of subsection (1) of this section—
(a)he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Act; and
(b)the giving of information concerning the birth of the child by that person and the signing of the register by him in the presence of the registrar shall act as a discharge of any duty of any other qualified informant under section 2 of this Act.
(3)In this section and section 10A of this Act references to a child whose father and mother were not married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 and
[F5“ parental responsibility agreement” has the same meaning as in the Children Act 1989]]
F1S. 10 substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 24
F2S. 10(1)(d)–(g) substituted (14.10.1991) for s. 10(1)(d) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(2); S.I. 1991/828, art. 3(2)
F3S. 10(1A) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(3); S.I. 1991/828, art. 3(2)
F4Words in s. 10(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(4); S.I. 1991/828, art. 3(2)
F5Words in s. 10(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(5); S.I. 1991/828, art. 3(2)
C1S. 10 modified by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2),Sch. 3 para. 11
(1)Where there has been registered under this Act the birth of a child whose father and mother were not married to each other at the time of the birth, but no person has been registered as the father of the child, the registrar shall re–register the birth so as to show a person as the father—
(a)at the joint request of the mother and that person; or
(b)at the request of the mother on production of—
(i)a declaration in the prescribed form made by the mother stating that that person is the father of the child; and
(ii)a statutory declaration made by that person stating himself to be the father of the child; or
(c)at the request of that person on production of—
(i)a declaration in the prescribed form by that person stating himself to be the father of the child; and
(ii)a statutory declaration made by the mother stating that that person is the father of the child; or
[F2(d)at the request of the mother or that person on production of—
(i)a copy of a parental responsibility agreement made between them in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of the Children Act 1989 and has not been brought to an end by an order of a court; or
(e)at the request of the mother or that person on production of—
(i)a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or
(f)at the request of the mother or that person on production of—
(i)a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or
(g)at the request of the mother or that person on production of—
(i)a certified copy of any of the orders which are mentioned in subsection (1A) of this section which has been made in relation to the child; and
(ii)a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court.]
but no birth shall be re–registered under this section except in the prescribed manner and with the authority of the Registrar General.
[F3(1A)The orders are—
(a)an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child;
(b)an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent;
(c)an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child;
(d)an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child.]
(2)On the re–registration of a birth under this section—
(a)the registrar shall sign the register;
(b)in the case of a request under paragraph (a) or (b) of subsection (1) of this section, or a request under [F4any of paragraphs (d) to (g)] of that subsection made by the mother of the child, the mother shall also sign the register;
(c)in the case of a request under paragraph (a) or (c) of that subsection, or a request made under [F4any of paragraphs (d) to (g)] of that subsection by the person requesting to be registered as the father of the child, that person shall also sign the register; and
(d)if the re–registration takes place more than three months after the birth, the superintendent registrar shall also sign the register.]
F1S. 10A substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 25
F2S. 10A(1)(d)–(g) substituted (14.10.1991) for s. 10A(1)(d) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(2); S.I. 1991/828, art. 3(2)
F3S. 10A(1A) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(3); S.I. 1991/828, art. 3(2)
F4Words in s. 10A(2)(b)(c) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 6(6); S.I. 1991/828, art. 3(2)
C1S. 10A(1)(a)-(c): power to delegate certain functions conferred (18.3.1997) by S.I. 1997/962, art. 2(1)(2)(a)(i)(3)
(1)Any qualified informant giving information to the registrar of the particulars required to be registered concerning a still–birth shall upon giving that information either—
[F1(a)deliver to the registrar a certificate in the prescribed form signed by a registered medical practitioner who was present at the birth or has examined the body of the child, or, if no registered medical practitioner was so present or has examined the body, by a [F2registered midwife] who was so present or has examined the body, being a certificate stating that the child was not born alive and, where possible, stating to the best of the knowledge and belief of the person signing it the cause of death and the estimated duration of the pregnancy; or]
(b)make a declaration in the prescribed form to the effect that no registered medical practitioner or [F2registered midwife] was present at the birth or has examined the body, or that his or her certificate cannot be obtained, and that the child was not born alive.
Births and Deaths Registration Act 1953