Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 30EA

Application for document acknowledging child's name and sex

    (1)     Subject to section 30EB, the parents of a child may apply to the Registrar for a document that acknowledges the child's name and sex if—

        (a)     the child's birth is registered in a place other than Victoria; and

        (b)     the child's principal place of residence is, and has been for at least 12 months, in Victoria, unless—

              (i)     subsection (6) applies; or

              (ii)     the grounds under subsection (7) are met; and

        (c)     the child consents to the acknowledgement of the child's sex as the sex descriptor nominated in the application; and

        (d)     the parents believe on reasonable grounds that a document acknowledging the child's name and sex is in the best interests of the child; and

        (e)     a document acknowledging the child's name and sex has not been issued by the Registrar within the 12 months preceding the date of making the application.

    (2)     The applicants must nominate a sex descriptor in the application.

    (3)     The applicants must not make an application under subsection (1) for the issue of a document to acknowledge a name that is not the name of the child.

Note

See Part 4 for making an application to change a child's name.

    (4)     The application must—

        (a)     be in the form approved by the Registrar; and

        (b)     include a statutory declaration made by each of the applicants addressing the requirements of subsection (1); and

        (c)     be accompanied by—

              (i)     a supporting statement in accordance with subsection (5), unless the Court has made an order under section 30EC(3); or

              (ii)     an interstate recognition certificate (if any) issued to the child; and

        (d)     be accompanied by the prescribed fee (if any); and

        (e)     be accompanied by any other documents or information reasonably required by the Registrar.

    (5)     A supporting statement must—

        (a)     be in the form approved by the Registrar; and

        (b)     be made by a relevant person; and

        (c)     state that the relevant person is of the opinion that—

              (i)     the application for a document that acknowledges the child's name and sex is in the best interests of the child; and

              (ii)     if the child is under 16 years of age, the child has capacity to consent to the acknowledgment of the child's name and sex.

    (6)     The 12-month requirement under subsection (1)(b) is waived if the Court has made an order under section 30EC(3).

    (7)     The Registrar may waive the 12-month requirement under subsection (1)(b) if the Registrar is satisfied that the document acknowledging the child's name and sex is sought for the purpose of protection of the child.

    (8)     In this section, "relevant person" means—

        (a)     a doctor; or

        (b)     a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

        (c)     a person who is a member of a prescribed class of persons.

S. 30EB inserted by No. 25/2019 s. 10.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback