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Article 37 Registration or alteration of child's nameC1C2

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The provisions of this Article shall apply only to persons whose births are registered in Northern Ireland, and, without prejudice toF1 Article 52(1)(a) of the Adoption (Northern Ireland) Order 1987 relating to the giving or taking of a new name, to persons in respect of whom there is an entry in the Adopted Children Register maintained by the Registrar General under Article 50 of that Order.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where an application in the prescribed form is made to the Registrar General by the qualified applicant in respect of the change of name or surname of a child under eighteen years of age, the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the register—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but only one change of name and one change of surname in respect of any one child shall be F4so recorded.

(4)

Where an application in the prescribed form is made to the Registrar General in respect of a change of name or surname of a person over eighteen years of age, the Registrar General may record that change of name or surname by causing an appropriate entry to be made in the register—

F5(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but only one change of name and three changes of surname in respect of any one person may be recorded under this paragraph and a period of five years must elapse after one change of surname is recorded before another such change is recorded.

F6(4A)

The Registrar General may notify such persons as the Registrar General considers appropriate of a change of name or surname recorded under this Article.

(4B)

A person may make an application in the prescribed form to the Registrar General as to persons to be notified under paragraph (4A) of a change of name or surname recorded under this Article in consequence of an application made by that person under paragraph (3) or (4).

(4C)

The prescribed fee shall be paid to the Registrar General by any person making an application under paragraph (4B).

(4D)

Any notification under paragraph (4A) shall be subject to such conditions as the Registrar General considers appropriate.

(4E)

The power conferred by paragraph (4A) may be exercised whether or not an application has been made under paragraph (4B).

(5)

On making an application under any of the provisions of this Article the applicant shall pay such fees as may be prescribed.

(6)

Nothing in this Article shall affect any rule of law as respects change of name or surname.

(7)

In F7paragraph (3) “qualified applicant” means—

F8(a)

the father and mother of the child if—

(i)

they were married to F9, or civil partners of, each other at the time of his birth; or

(ii)

they were not married to F10, or civil partners of, each other at the time of his birth but the father has parental responsibility for the child;

(F11aa)

in the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the mother and other parent of the child if Article 155(3) of the Children (Northern Ireland) Order 1995 applies to the child or if it does not apply but the other parent has parental responsibility for the child;

(F12b)

the mother of the child if—

(i)

in the case of a child who has a father, the child's parents were not married to F13, or civil partners of, each other at the time of the birth and the father does not have parental responsibility for the child; and

(ii)

in the case of a child who has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, Article 155(3) of the Children (Northern Ireland) Order 1995 does not apply to the child and the parent by virtue of that section of that Act does not have parental responsibility for the child;

(c)

the surviving parent if either of the parents of the child is deceased and the surviving parent has parental responsibility for the child;

(d)

the guardian of the child or any other person who has parental responsibility for him if—

(i)

both his parents are deceased; or

(ii)

either of his parents is deceased and the surviving parent does not have parental responsibility for him;

and in this definition, in the case of an adopted child, the references to the father and mother or to the parents of a child shall be construed as references to the adoptive parents of the child.

(8)

In this Article “change” in relation to a name or surname includes any change by way of substitution, addition, omission, spelling or hyphenation.

Annotations

Textual amendments

F1

1987 NI 22

F2

Art. 37(2) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 16(2), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.

F3

Art. 37(3)(a)(b) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 16(3)(a), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.; S.R. 2012/406, art. 2, Sch.

F4

Words in art. 37(3) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 16(3)(b), 34; S.R. 2012/406, art. 2, Sch.

F5

Art. 37(4)(a)(b) repealed (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 16(4), 34, Sch. 2; S.R. 2012/406, art. 2, Sch.; S.R. 2012/406, art. 2, Sch.

F6

Art. 37(4A)-(4E) inserted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 16(5), 34; S.R. 2012/406, art. 2, Sch.

F7

Words in art. 37(7) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 16(6), 34; S.R. 2012/406, art. 2, Sch.

F8

1995 NI 2

F9

Words in art. 37(7)(a)(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(6) (with regs. 6-9)

F10

Words in art. 37(7)(a)(ii) 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(6) (with regs. 6-9)

F11

Art. 37(7)(aa) 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. 66(a); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)

F12

Art. 37(7)(b) 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. 66(b); S.I. 2009/479, arts. 5(h), 6(1)(e)(f)(2) (with transitional provisions in art. 7, Sch. 1)

F13

Words in art. 37(7)(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(6) (with regs. 6-9)

Modifications

C1

Art. 37 modified (6.4.2010) by Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4

C2

Art. 37 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 5

Notes on the whole Order

Textual amendments

F1

functions transf. SR 1993/494