Welfare Reform Bill

House of Commons

Session 2008 - 09
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Welfare Reform Bill

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
91


to give to the registrar, before the expiration of a period of 42 days
from the date of the birth, information of the particulars required to
be registered concerning the birth, together with any other
information required by section 2B(1), and in the presence of the
registrar to sign the register.
5
(2)
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, but this does not affect—
(a)
any duty of the father by virtue of regulations under section
2C (confirmation of parentage information given by mother),
10
or
(b)
any duty by virtue of regulations under section 2E (scientific
tests).
(3)
This section ceases to apply if, before the end of the period
mentioned in subsection (1) and before the birth has been registered,
15
an inquest is held at which the child is found to have been still-born.
(4)
In the case of a child who has a parent by virtue of section 43 of the
Human Fertilisation and Embryology Act 2008, the reference in
subsection (2)(a) to the father is to be read as a reference to the
woman who is a parent by virtue of that section.
20
2B
Duties of unmarried mother when acting alone
(1)
Where no request for the entry of a person’s name as the father of the
child is made by virtue of any of paragraphs (a) to (g) of section 10(1)
(registration of father where parents are not married) or by virtue of
regulations under section 2E (scientific tests), the information to be
25
given under section 2A(1) by the mother includes such information
relating to the father as may be prescribed for the purposes of this
subsection, which may include information that is not intended to be
entered on the register.
(2)
The Registrar General may by regulations authorise or require the
30
information relating to the father to be provided in a prescribed form
or manner.
(3)
Subsection (1) does not require the mother to provide information
relating to the father if she makes in the presence of the registrar a
declaration in the prescribed form stating that one or more of the
35
following conditions is met.
(4)
Those conditions are—
(a)
that by virtue of section 41 of the Human Fertilisation and
Embryology Act 2008 the child has no father,
(b)
that the father has died,
40
(c)
that the mother does not know the father’s identity,
(d)
that the mother does not know the father’s whereabouts,
(e)
that the father lacks capacity (within the meaning of the
Mental Capacity Act 2005) in relation to decisions under this
Part,
45
(f)
that the mother has reason to fear for her safety or that of the
child if the father is contacted in relation to the registration of
the birth, and

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
92

(g)
any other conditions prescribed by regulations made by the
Minister.
(5)
Subsection (1) does not apply—
(a)
in the case of a still-birth,
(b)
if the child has died, or
5
(c)
if the mother acknowledges in accordance with regulations
made by virtue of subsection (2)(b) of section 2D (declaration
before registration by person claiming to be other parent) that
a person who has previously given notice by virtue of
subsection (2)(a) of that section is the other parent of the
10
child.
(6)
If, in relation to the birth of a child, the mother of the child gives
information relating to the father as required by subsection (1), then,
except in such cases as may be prescribed by regulations made by the
Minister, the registrar must not register the birth of the child until
15
such day as may be so prescribed, unless before that day the person
named by the mother gives information in accordance with
regulations made by virtue of subsection (2)(c) of section 2C
(confirmation of parentage information given by mother).
(7)
No information relating to the father is to be entered in the register
20
merely because it is given by the mother by virtue of subsection (1).
(8)
In the case of a child who has a parent by virtue of section 43 of the
Human Fertilisation and Embryology Act 2008—
(a)
references in this section to the father are to be read as
references to the woman who is a parent by virtue of that
25
section,
(b)
the reference in subsection (1) to paragraphs (a) to (g) of
section 10(1) is to be read as a reference to paragraphs (a) to
(f) of section 10(1B), and
(c)
paragraphs (a) and (c) of subsection (4) do not apply.
30
2C
Confirmation of parentage information given by mother
(1)
The Minister may by regulations provide for a procedure under
which a person may be registered as the father of a child in a case
where information relating to that person is given by virtue of
section 2B(1) by the mother of the child and is subsequently
35
confirmed by that person.
(2)
Regulations under this section may in particular—
(a)
enable or require the registrar by notice to require the person
in relation to whom information has been given by virtue of
section 2B(1) by the mother (“the alleged father”) to state
40
whether or not he acknowledges that he is the father of the
child,
(b)
where the alleged father acknowledges that he is the father of
the child, require the alleged father to give prescribed
information to the registrar, and
45
(c)
where the alleged father gives that information to the
registrar, require the registrar to enter the alleged father’s
name in the register as the father of the child or, where the

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
93

birth has already been registered, to re-register the birth so as
to show the alleged father as the father.
(3)
In the case of a child who has a parent by virtue of section 43 of the
Human Fertilisation and Embryology Act 2008, references in
subsection (1) or (2) to the father are to be read as references to the
5
woman who is a parent by virtue of that section (and references to
the alleged father have a corresponding meaning).
(4)
Regulations under this section may—
(a)
require anything to be done in a prescribed form or manner
or in the presence of the registrar,
10
(b)
make provision as to the time within which anything is
required or authorised to be done.
(5)
In this section “prescribed” means prescribed by regulations made
under this section by the Minister.
2D
Declaration before registration by person claiming to be other parent
15
(1)
The Minister may by regulations provide for a procedure under
which a person may be registered as the father of a child whose
father and mother were not married to each other at the time of the
child’s birth, on the basis of information that is—
(a)
given by that person (in the absence of the mother) before the
20
birth is registered, and
(b)
confirmed by the mother when she provides information of
the particulars required to be registered concerning the birth.
(2)
Regulations under this section may in particular—
(a)
enable a person who believes himself to be the father of a
25
child to make a declaration to that effect to the registrar
before the birth of the child is registered,
(b)
require the mother of the child, on giving information
concerning the birth of the child or in such other
circumstances as may be prescribed, to state whether or not
30
she acknowledges that the person is the father of the child,
and
(c)
where the mother acknowledges that the person is the father
of the child, require the registrar to enter the person’s name
on the register as the father of the child.
35
(3)
In the case of a child who has a parent by virtue of section 43 of the
Human Fertilisation and Embryology Act 2008, references in
subsections (1) and (2) to the father (except in the reference in
subsection (1) to a child whose father and mother were not married
to each other at the time of the child’s birth) are to be read as
40
references to the woman who is a parent by virtue of that section.
(4)
Regulations under this section may—
(a)
require anything to be done in a prescribed form or manner
or in the presence of the registrar,
(b)
make provision as to the time within which anything is
45
required or authorised to be done.
(5)
This section does not apply—

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
94

(a)
in relation to a still-birth, or
(b)
if the child has died.
(6)
In this section “prescribed” means prescribed by regulations made
under this section by the Minister.
2E
Use of scientific tests with consent of parties
5
(1)
The Minister may by regulations make provision enabling a report of
a qualifying scientific test to be used in connection with the
registration or re-registration under this Act of the birth of a child in
cases where—
(a)
the birth has not been registered under this Act, or
10
(b)
the birth has been registered but no person has been
registered as the father of the child (or as a parent of the child
by virtue of section 42, 43 or 46(1) or (2) of the Human
Fertilisation and Embryology Act 2008).
(2)
A qualifying scientific test is a scientific test that complies with
15
prescribed requirements and is carried out by a person who is
accredited by the Minister for the purposes of this section in
accordance with the regulations.
(3)
The regulations may not require any person to participate in a
qualifying scientific test.
20
(4)
The regulations may not enable or require a report of a qualifying
scientific test to be used as mentioned in subsection (1) unless, before
the test is carried out, the mother and the man to whom the test
relates—
(a)
consent to the carrying out of the test, and
25
(b)
agree in the prescribed manner that if the report of the test is
positive the man’s name will be entered in the register as the
father of the child.
(5)
For the purposes of this section, the report of a qualifying scientific
test is positive if the report states that the result of the test indicates
30
to a prescribed degree of certainty that the man concerned is the
father of the child.
(6)
Regulations under this section may—
(a)
enable or require the mother or the man, if the report of the
qualifying scientific test is positive, to apply for the
35
registration (or re-registration) of the birth so as to show the
man as the father,
(b)
provide that where the regulations enable or require the man
to apply for registration, the man is to be treated for the
purposes of this Part as a qualified informant concerning the
40
birth of the child,
(c)
impose obligations on the registrar in relation to the
registration (or re-registration) of the birth,
(d)
require anything to be done in a prescribed form or manner
or in the presence of the registrar,
45
(e)
make provision as to the time within which anything is
required or authorised to be done.

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
95

(7)
The regulations may not require the registrar to enter a man’s name
in the register as the father of a child if it appears to the registrar that
by virtue of any provision of sections 35 to 47 of the Human
Fertilisation and Embryology Act 2008 the man is not the father of
the child.
5
(8)
This section does not apply in relation to a still-birth.
(9)
In this section “prescribed” means prescribed by regulations made
under this section by the Minister.”
5
In section 4 of the 1953 Act (registrar’s power to require information
concerning birth), in paragraph (a), for “three months” substitute “12
10
months”.
6
In section 5 of the 1953 Act (registration of births free of charge) for “three
months” substitute “12 months”.
7
Omit section 6 of the 1953 Act (which makes special provision about
registration between 3 and 12 months from the date of birth).
15
8
In section 7 of the 1953 Act (registration after twelve months from date of
birth) omit subsection (3) (which excludes still-births).
9
In section 8 of the 1953 Act (penalty for improper registration after 3 months
from date of birth)—
(a)
for “the two last foregoing sections” substitute “section 7”, and
20
(b)
for “three months” (both in the section and in the title) substitute “12
months”.
10    (1)
Section 9 of the 1953 Act (giving of information to a person other than the
registrar) is amended as follows.
      (2)
After subsection (3) insert—
25
“(3A)
Anything that section 2B (duties of unmarried mother when acting
alone) requires to be done in the presence of, or in relation to, the
registrar may, in prescribed cases, be done in the presence of, or in
relation to, such officer as may be prescribed.”
      (3)
After subsection (5) insert—
30
“(6)
Regulations under section 2C, 2D, 2E, 10B or 10C may enable
anything that would otherwise be required or authorised to be done
under the regulations in the presence of, or in relation to, the
registrar to be done instead in the presence of, or in relation to, such
officer as may be prescribed by the regulations.”
35
11    (1)
Section 10 of the 1953 Act (registration of father where parents not married
or of second female parent where parents not civil partners) is amended as
follows.
      (2)
In subsection (1)—
(a)
for the words from the beginning to “the registrar” substitute “In the
40
case of a child whose father and mother were not married to each
other at the time of the child’s birth, no person shall as father of the
child be required to give information concerning the birth of the
child except by virtue of regulations under section 2C or 2E, and the
registrar”,
45

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
96

(b)
in paragraph (b) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by that person, states himself to be the
father of the child, and is countersigned by a
prescribed person; or”,
5
(c)
in paragraph (c) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by the mother, states that that person is
the father of the child, and is countersigned by
a prescribed person; or”, and
10
(d)
at the end of paragraph (g) insert “or
(h)
in accordance with regulations made under section
2C (confirmation of parentage information given by
mother), section 2D (declaration before registration
by person claiming to be other parent) or section 2E
15
(scientific tests)”.
      (3)
In subsection (1B)—
(a)
for the words from the beginning to “that section” substitute “In the
case of a child to whom section 1(3) of the Family Law Reform Act
1987 does not apply, no woman shall as parent of the child by virtue
20
of section 43 of the Human Fertilisation and Embryology Act 2008 be
required to give information concerning the birth of the child except
by virtue of regulations under section 2C, and the registrar shall not
enter the name of any woman as a parent of the child by virtue of that
section”,
25
(b)
in paragraph (b) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by the woman concerned, states herself
to be a parent of the child by virtue of section
43 of that Act, and is countersigned by a
30
prescribed person; or”,
(c)
in paragraph (c) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by the mother, states that the woman
concerned is a parent of the child by virtue of
35
section 43 of that Act, and is countersigned by
a prescribed person; or”, and
(d)
at the end of paragraph (f) insert “or
(g)
in accordance with regulations made under section
2C (confirmation of parentage information given by
40
mother) or section 2D (declaration before registration
by person claiming to be other parent)”.
      (4)
After subsection (1B) insert—
“(1C)
Subsections (1) and (1B) have effect subject to section 10ZA.”
      (5)
In subsections (2)(b) and (2A)(b), for “section 2” substitute “section 2A”.
45
      (6)
Omit subsection (3).
12    (1)
Section 10A of the 1953 Act (Re-registration where parents neither married
nor civil partners) is amended as follows.

Welfare Reform Bill
Schedule 6 — Registration of births
Part 1 — Amendments of Births and Deaths Registration Act 1953
97

      (2)
In subsection (1)—
(a)
in paragraph (b) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by that person, states himself to be the
father of the child, and is countersigned by a
5
prescribed person; or”,
(b)
in paragraph (c) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by the mother, states that that person is
the father of the child, and is countersigned by
10
a prescribed person; or”.
      (3)
In subsection (1B)—
(a)
in paragraph (b) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
made by the woman concerned, states herself
15
to be a parent of the child by virtue of section
43 of that Act, and is countersigned by a
prescribed person; or”,
(b)
in paragraph (c) for sub-paragraph (ii) substitute—
“(ii)
a declaration in the prescribed form which is
20
made by the mother, states that the woman
concerned is a parent of the child by virtue of
section 43 of that Act, and is countersigned by
a prescribed person; or”.
      (4)
In subsection (2), omit paragraph (d) (requirement for signature by
25
superintendent registrar where re-registration takes place more than 3
months after the birth) and the word “and” immediately before it.
13
After section 10A of the 1953 Act insert—
“10B
Re-registration after sole registration: information provided by other
parent and confirmed by mother
30
(1)
The Minister may by regulations make provision for the re-
registration of a birth to show a person as the father of a relevant
child, on the basis of information given by that person after the birth
is registered and confirmed by the mother.
(2)
In this section a “relevant child” means a child—
35
(a)
whose father and mother were not married to each other at
the time of the child’s birth, and
(b)
whose birth has been registered before or after the
commencement of this section without any person being
registered as the father of the child (or as a parent of the child
40
by virtue of section 42, 43 or 46(1) or (2) of the Human
Fertilisation and Embryology Act 2008).
(3)
Regulations under subsection (1) may—
(a)
enable a person who believes himself to be the father of a
relevant child to make a declaration to that effect to the
45
registrar,