Part 5 Access 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.
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.
55 Child’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.
56 Rights 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.
57 Application 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.