OpenLegislation

Article 18 Re-registration of births

Northern Ireland

(1)

The Registrar General may at any time give his written authority for the re-registration of a birth where—

(a)

there is or has been an error in the entry of the birth; or

F1(b)

in the case of a child F2who has a father and whose parents were not married to F3, or civil partners of, each other at the time of his birth—

(i)

the birth was registered as if they were so married F4or were civil partners of each other ; or

(ii)

no particulars relating to his father have been entered in the register;F5 or

(iii)

particulars relating to his father have been entered in the register in the case of a still-birth and the mother disputes them;

F6(ba)

in the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and to whom Article 155(3) of the Children (Northern Ireland) Order 1995 does not apply—

(i)

the birth was registered as if Article 155(3) of that Order did apply to the child; or

(ii)

no particulars relating to a parent of the child by virtue of section 42, 43 or 46(1) or (2) of that Act F7(a “second female parent”) have been entered in the register; or

(F8iii)

particulars relating to a second female parent of the child have been entered in the register in the case of a still-birth and the mother disputes them; or

F9(c)

in the case of a person who is to be treated—

(i)

as the father of the child by virtue of section 39(1) or 40(1) or (2) of the Human Fertilisation and Embryology Act 2008; or

(ii)

as a parent of the child by virtue of section 46(1) or (2) of that Act;

the condition in Article 14A(2) is satisfied.

(1A)

Re-registration under sub-paragraph (b)(ii) shall not be authorised otherwise than in accordance with Article 14(3) F10and re-registration under sub-paragraph (ba)(ii) shall not be authorised otherwise than in accordance with Article 14ZA(3).

F11(1B)

Paragraph (1A) shall not apply to the re-registration of a still-birth.

(2)

Any re-registration under paragraph (1) shall be effected in the prescribed manner.

(3)

This Article shall have effect in relation to entries in registers maintained under any statutory provision repealed by the Births and Deaths Registration Act (Northern Ireland) 1967 1967 c.25 or this Order as well as to entries in registers maintained under this Order.

Annotations

Textual amendments

F1

1995 NI 2

F2

Words in art. 18(1)(b) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(2)(a); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)

F3

Words in art. 18(1)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(4)(a) (with regs. 6-9)

F4

Words in art. 18(1)(b)(i) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 22(4)(b) (with regs. 6-9)

F5

Art. 18(1)(b)(iii) and preceding word added (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 6(2)(a), 34; S.R. 2011/323, art. 2(c)

F6

Art. 18(1)(ba) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(2)(b); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)

F7

Words in art. 18(1)(ba)(ii) inserted (26.2.2026) by Deaths, Still-Births and Baby Loss Act (Northern Ireland) 2026 (c. 2), s. 12(2), Sch. para. 3(2)(a)

F8

Art. 18(1)(ba)(iii) inserted (26.2.2026) by Deaths, Still-Births and Baby Loss Act (Northern Ireland) 2026 (c. 2), s. 12(2), Sch. para. 3(2)(b)

F9

Art. 18(1)(c) substituted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(2)(c); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)

F10

Words in art. 18(1A) inserted (6.4.2009 for certain purposes otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68(2), Sch. 6 para. 63(3); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)

F11

Art. 18(1B) inserted (3.10.2011) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 6(2)(b), 34; S.R. 2011/323, art. 2(c)

Notes on the whole Order

Textual amendments

F1

functions transf. SR 1993/494