The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

Registration (Births, Still-Births and Deaths) Regulations (Northern Ireland) 1973

7.—(1) The Registration (Birth, Still-Births and Deaths) Regulations (Northern Ireland) 1973(1) are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation) after the definition of “occupation” insert—

““second female parent” means a woman who is a parent of a child by virtue of section 42 or 43 or, where appropriate, section 46(1) or (2) of the Human Fertilisation and Embryology Act 2008(2);”.

(3) In regulation 11 (particulars to be registered)—

(a) for paragraph (6), substitute—

“(6) If the father or second female parent has acquired a surname different from that borne at the date of the birth, the name and surname as at the date of birth shall be entered, followed by the surname subsequently acquired.”;

(b) for paragraph (7) substitute—

“(7) If the father or second female parent is deceased, the word “deceased” shall be entered following the surname.”; and

(c) for paragraph (8) substitute—

“(8) If the parents of the child were not married to each other or in a civil partnership with each other at the time of the birth, details of the father’s or second female parent’s occupation shall not be entered unless the name has been entered as the father or second female parent in accordance with Articles 14(3), 14ZA or 14A of the 1976 Order.”.

(4) In regulation 16 (registration of birth requiring declaration and statutory declaration under section 23(2)(b) of the Act)—

(a) for paragraphs (1), (1A), and (1B) substitute—

“(1) The form of a declaration made by the mother of the child for the purposes of Article 14(3)(b)(i) or 14ZA(3)(b)(i) of the 1976 Order shall be form 4.

(1A) The form of a declaration made by the father or second female parent of the child for the purposes of Article 14(3)(c)(i) or 14ZA(3)(c)(i) of the 1976 Order shall be form 4A.

(1B) The form of a declaration made by the mother or the father or the second female parent of the child for the purposes of paragraph (3)(d)(ii), (3)(e)(ii), (3)(f)(ii) and (3)(g)(ii) of Article 14 or (3)(d)(ii), (3)(e)(ii) and (3)(f)(ii) of Article 14ZA of the 1976 Order shall be form 4B.”;

(b) in paragraph (2), for “A statutory declaration for the purpose of section 23(2)(b)(ii) of the Act shall be made before” substitute “A statutory declaration for the purpose of article 14(3) of the Order shall be made before”; and

(c) accordingly for the heading to regulation 16 substitute “Registration of birth requiring declaration and statutory declaration under article 14(3)(b) of the Order”.

(5) In regulation 26 (particulars to be registered) for paragraph (4) substitute—

“(4) With respect to space 8 (Occupation)—

(a) if the deceased was a child under the age of 16, the words “son of” or “daughter of” shall be entered followed by the name, surname and occupation of the father or second female parent or, if such information is not given, by the name, surname and occupation of the mother; and

(b) if the deceased was a married woman, a civil partner or widow, her occupation, if any, shall be entered followed by the words “wife of”, “partner of” or “widow of” and the name, surname and occupation of her husband, partner, deceased husband or deceased partner.”.

(6) In regulation 40 (application for short birth certificate), for paragraph (a)(iii) substitute—

“(iii) the name and surname of the father or second female parent; and”.

(7) In the Schedule—

(a) in Form 1 (particulars for registration of a birth)—

(i) at row 7 column 1 for “Father” substitute “Father/Second Female Parent”, and

(ii) at row 13 column 2 for “Surname at marriage” substitute “Surname at marriage or civil partnership”;

(b) in Form 2 (particulars for registration of a still-birth)—

(i) at row 6 column 1 for “Father” substitute “Father/Second Female Parent”, and

(ii) at row 12 column 2 for “Surname at marriage” substitute “Surname at marriage or civil partnership”;

(c) in Form 3 (particulars for registration of a death)—

(i) for the heading substitute “Births and Deaths Registration (Northern Ireland) Order 1976 Article 21(1)”, and

(ii) at line 9 for “Maiden surname (of woman who had married)” substitute “Maiden surname (of woman who had married or had a civil partnership)”;

(d) in Form 4 (declaration by mother of a child for the registration/re-registration of a birth)—

(i) in the heading, after “Article 14(3)(b)(i)” add “or 14ZA(3)(b)(i)”,

(ii) for “For use where the child’s parents are not married to each other and the mother produces a statutory declaration of paternity made by the father”, substitute—

“For use where the child’s parents are not married to each other or in a civil partnership with each other and the mother produces a statutory declaration of parentage made by the father or second female parent”,

(iii) for “is the father of *MALE/FEMALE child named ….”, substitute “is the father/second female parent of *MALE/FEMALE child named ….”, and

(iv) for “and I request that his name be recorded as such in the entry of birth of the said child”, substitute “and I request that the father’s/second female parent’s name be recorded as such in the entry of birth of the said child.”;

(e) in Form 4A (declaration by father of a child for the registration/re-registration of a birth)—

(i) for the heading, substitute “Declaration by father or second female parent of a child for the Registration/Re-registration of a Birth Births and Deaths Registration (Northern Ireland) Order 1976 Article 14(3)(c)(i)” add “or 14ZA(3)(c)(i)”,

(ii) for “For use where the child’s parents are not married to each other and the father produces a statutory declaration of paternity made by the mother”, substitute—

“For use where the child’s parents are not married to each other or in a civil partnership with each other and the father or second female parent produces a statutory declaration of parentage made by the mother”, and

(iii) for “do hereby solemnly and sincerely declare that I am the father of the *MALE/FEMALE child named      ”, substitute—

“

”;

(f) in Form 4B (declaration by parent on request for the registration/re-registration of a birth)—

(i) in the heading after “Births and Deaths Registration (Northern Ireland) Order 1976 Article 14(3)(d)-(g)” insert “or 14ZA(3)(d)-(f)”.

(ii) in the sub-heading after “Article 14(3)” insert “or 14ZA(3)”, and

(iii) in the third entry for “am the mother/father of (child’s full name and surname)”, substitute “am the mother/father/second female parent of (child’s full name and surname)”;

(g) in Form 6 (coroner’s certificate after inquest (still-birth))—

(i) in the table of the particulars required to be registered concerning the still-birth—

(aa) at row 6, column 1, for “Father” substitute “Father/Second Female Parent”, and

(bb) at row 12, column 2, for “Surname at marriage” substitute “Surname at marriage or civil partnership”, and

(ii) after “CONFIDENTIAL”, for “In all cases” to the end, substitute—

“

”;

(h) in Form 17 (application for recording of change of name or surname (child aged over 2 years and under 18 years))—

(i) for the heading, substitute “Birth and Deaths Registration (Northern Ireland) Order 1976, Article 37(3)”, and

(ii) for “5. Father’s name and surname ….”, substitute “5. Father’s/Second Female Parent’s name and surname ….”; and

(i) in Form 18 (application for recording of change of name or surname (person aged 18 years or over))—

(i) for the heading, substitute “Birth and Deaths Registration (Northern Ireland) Order 1976, Article 37(4)”, and

(ii) for “5. Father’s name and surname     ”, substitute “5. Father’s/Second Female Parent’s name and surname     ”.

(8) In Schedule 2—

(a) for the heading “Births and Deaths Registration Act (Northern Ireland) 1967, Section 16(4)(b)(ii)”, substitute—

“Birth and Deaths Registration (Northern Ireland) Order 1976, Article 10(4)(b)(ii)”; and

(b) For “In all cases” to the end, substitute—

“

”.

(1)

S.R. 1973 No. 373 as amended by the Registration (Births, Still Births and Deaths) (Amendment) Regulations (N.I.) S.R 1996 No. 500.

(2)

2008 c. 22.