Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 63

63 Application to alter or add parentage details as result of amendments to the Status of Children Act 1978

(1) This section applies if—

(a) a woman (the
"mother" ) has undergone a fertilisation procedure within the meaning of the Status of Children Act 1978, as a result of which she became pregnant and gave birth to a child; and

(b) by application of a presumption in that Act the mother’s partner is presumed to be a parent of the child; and

(c) the child’s birth was registered before the commencement of this section.

(2) An application may be made to the registrar for the addition of information in the register of births about the identity of the mother’s partner as a parent of the child.

(3) The registrar must include the additional information in the register of births if the registrar is satisfied in relation to the matters mentioned in subsections (4) and (5).

(4) The registrar must not include additional information in the child’s birth entry about the identity of the mother’s partner as a parent of the child unless—

(a) the application is made jointly by the mother and the mother’s partner; and

(b) if the child’s birth entry already includes information that identifies a person as the father of the child—

(i) the Supreme Court has made an order for the removal of the particulars from the birth entry that identifies the father of the child; and

(ii) the registrar removes those particulars from the birth entry; and

(c) the application is accompanied by a statutory declaration made by the mother and the mother’s partner stating that—

(i) they were in a de facto relationship at the time the mother underwent the procedure mentioned in subsection (1)(a); and

(ii) the mother’s partner consented to the procedure that resulted in the pregnancy.

(5) An application made under this section must be in the approved form.

(6) This section has effect despite sections 10 and 42 and the Status of Children Act 1978, section 37.