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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2023 - SECT 55
Application to Childrens Court by parent or other person
55 Application to Childrens Court by parent or other person
(1) This section applies if the person is a child under 16 years.
(2) The
Childrens Court may, on application by an eligible person for the child, make
an order directing the registrar to accept an application for a recognised
details certificate for the child.
(3) The application must be accompanied by
an assessment of the child.
(4) The Childrens Court must make the order if
the court is satisfied it is in the child’s best interests to make the
order.
(5) In deciding whether making the order is in the child’s best
interests, the matters to which the Childrens Court may have regard include
the following— (a) the assessment mentioned in subsection (3) ;
(b) the
views of the child, however expressed;
(c) whether the child is sufficiently
mature to understand the meaning and legal implications of the issue of a
recognised details certificate for the child.
(6) If an eligible person for
the child makes an application to the Childrens Court under this section the
person may apply to the court at the same time for approval of a proposed
change of first name for the child.
(7) Subsection (6) does not apply if the
child was born in another State.
(8) The Childrens Court may make an order
approving the proposed change of first name for the child if— (a) the name
is not a prohibited name; and
(b) the court is satisfied that the change is
in the child’s best interests.
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