Part 5Access to birth
information
Note—
See also Part 3 of the Assisted Reproductive Technology Act
2007 which gives the affected parties in relation to a
surrogacy arrangement, and a person born as a result of a surrogacy
arrangement, access to information about the surrogacy
arrangement.
54Definitions
In this Part:
full
birth record means a record certifying both particulars
relating to the birth of a person registered under section 17 of the Births, Deaths and Marriages Registration Act
1995 and particulars relating to a parentage order or
discharge of a parentage order relating to the person registered under Part 4A
of that Act.
original
birth certificate means a certificate certifying the
particulars relating to the birth of the person registered under section 17 of
the Births, Deaths and Marriages Registration Act
1995.
55Child’s right to
registered birth information
(1)
A person who is the child of a surrogacy
arrangement and in respect of whom a parentage order is made is entitled to
receive, if the person is 18 years of age or older:
(a)
the person’s original birth certificate,
and
(b)
the person’s full birth
record.
(2)
If the person is less than 18 years of age, the
person is not entitled to receive his or her original birth certificate or
full birth record except with the consent of the person or persons who have
parental responsibility for the person.
(3)
This section does not affect the discretion
conferred on the Registrar of Births, Deaths and Marriages by section 46 of
the Births, Deaths and Marriages Registration Act
1995.
Note—
Section 46 of the Births, Deaths
and Marriages Registration Act 1995 gives the Registrar
discretion to provide a person with information extracted from the Register of
Births, Deaths and Marriages if satisfied the person has adequate reason for
wanting information from the Register.
(4)
In this section, a reference to a parentage order
includes a reference to an Interstate parentage order.
56Rights of other parties to
registered birth information
(1)
A person who is an affected party in relation to
a surrogacy arrangement in respect of which a parentage order is made is
entitled to receive:
(a)
the original birth certificate of the child of
the surrogacy arrangement, and
(b)
the full birth record of the child of the
surrogacy arrangement.
(2)
In this section, a reference to a parentage order
includes a reference to an Interstate parentage order.
57Application for supply of
birth information
(1)
An application for the supply of an original
birth certificate or full birth record under this Part is to be made in
writing to the Registrar of Births, Deaths and Marriages in accordance with
any requirements made by or under the Births, Deaths
and Marriages Registration Act 1995.
(2)
An entitlement under this Part is subject to
compliance with any such requirements.