The Registration of Births and Deaths Regulations 1987

Made: 26th November 1987

Coming into force: 1st January 1988

The Registrar General in exercise of the powers set out in Schedule 1 to this instrument and of all other powers enabling her in that behalf, with the concurrence and approval of the Secretary of State for Social Services[^f00001] so far as required[^f00002], hereby makes the following Regulations:–

PART I — PRELIMINARY

Citation and commencement

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These Regulations may be cited as the Registration of Births and Deaths Regulations 1987 and shall come into force on 1st January 1988.

Interpretation

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• (1) In these Regulations, unless the context otherwise requires–

• “the 2009 Act” means the Coroners and Justice Act 2009”

• “approved electronic form” means any form of electronic communication or electronic storage (including an electronic signature) approved by the Registrar General pursuant to the powers conferred under section 9(2) of the Births and Deaths Registration Act 1926, or under section 39(2) of the Act;

• “the Act” means the Births and Deaths Registration Act 1953[^f00003];

• “approved form” means a form approved by the Registrar General for the purpose for which it is used;

• ...

• “coroner” includes— a senior coroner, area coroner and assistant coroner;the Chief Coroner when conducting an investigation under paragraph 1 of Schedule 10 to the 2009 Act; anda judge, former judge, or former coroner conducting an investigation under paragraph 3 of Schedule 10 to the 2009 Act;

• “description”, in relation to a coroner, means his official designation and the area of his jurisdiction;

• “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

• “electronic signature” has the meaning given in section 7(2) of the Electronic Communications Act 2000;

• “entry” means a record of the particulars relating to a live-birth, still-birth or death completed by the registrar in the appropriate spaces in form 1, 9 or 13;

• “inquest” includes an inquest which is conducted as part of an investigation under Part 1 of the Coroners and Justice Act 2009 (including any inquest which has been adjourned);

• “maiden surname” means the surname with which a woman entered into her first marriage or civil partnership, and, where a woman has entered into a civil partnership and marriage, it means the surname with which she entered the first of these ceremonies.

• “name”, in relation to a person, excludes surname;

• ...

• “other parent” means a woman who is a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008.

• “relevant registrar”, in relation to the registration of a birth or death, means (subject to paragraph (3)(b) below) the registrar of the sub-district in which the birth or death occurred.

• (2) In these Regulations, unless the context otherwise requires–

• (a) any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that Regulation bearing that number;

• (b) any reference to a numbered form is to the form bearing that number in Schedule 2 to these Regulations and any reference to a numbered space in a form is to the space bearing that number in that form.

• (3) Where a still-born child is found exposed or a dead body is found, any reference in these Regulations to–

• (a) the date of the still-birth or of the death of the deceased person, is to be construed as a reference to the date on which the still-born child or the deceased was found;

• (b) the place where the still-birth or death occurred is, if the place is unknown, to be construed as a reference to the place where the still-born child or the deceased was found.

PART II — GENERAL PROVISIONS AS TO REGISTRATION

Preparation of draft particulars

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• (1) Before commencing registration of a birth or death whether or not in the presence of a qualified informant, the registrar shall, except where paragraph (2) applies, prepare a draft of the particulars to be entered in the register, either:—

• (a) on an approved form; or

• (b) in an approved electronic form.

• (2) Before a qualified informant makes a declaration under Regulation 13, 34A, or 42A or a statement under Regulation 17(7)(a) the officer before whom the declaration or statement is to be made shall prepare a draft of the particulars to be entered in the register, either:—

• (a) on an approved form; or

• (b) in an approved electronic form.

• (3) Having prepared a draft of the particulars in accordance with paragraph (1) or (2), ... the officer shall show or read them to the informant and shall correct any error or omission.

Absence of particulars

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Where during the registration of a birth or death it appears to the registrar that he cannot enter the particulars required in any space on the appropriate form, other than space 17 on form 1, he shall, subject to any other provision of these Regulations, enter a line through that space before the informant is called upon to certify the entry.

Signature by mark or in foreign characters

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Where–

• (a) under any provision of these Regulations a person is required to sign a register, declaration or statement in the presence of ... a registrar;

• (b) that person makes a mark or signs in characters other than those used in the English or Welsh language,

the ... registrar concerned shall write against the mark or signature the words “The mark [or signature] of”, inserting the name and surname of the person.

Registration in more than one place

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• (1) A registrar shall not register a birth or death which has already been registered except–

• (a) in accordance with Regulation 36, or 45; or

• (b) where the Registrar General gives his authority.

• (2) Where it appears to a registrar that a birth or death has nevertheless been registered more than once–

• (a) if there is no material difference in the particulars recorded, he shall write in the margin of every entry but the original the words “Inadvertently re-registered. For correct entry see NoRegister No”, inserting the number of the original entry and the number of the register in which it is recorded;

• (b) if there is any material difference, he shall report the matter to the Registrar General and shall make such note in the margins of all or any of the entries as the Registrar General may authorise.

• (3) Where a birth or death is re-registered on the authority of the Registrar General, the registrar making the new entry and the registrar or superintendent registrar having custody of the register in which the original entry was made shall make such notes, if any, in the margin of the respective entries as the Registrar General may authorise.

PART III — REGISTRATION OF LIVE-BIRTHS

Particulars to be registered and form of register

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• (1) The particulars concerning a live-birth required to be registered pursuant to section 1(1) of the Act[^f00005] shall, subject to the provisions of these Regulations, be those required in spaces 1 to 13 in form 1 and that form shall be the prescribed form for registration of live-births for the purpose of section 5 of the Act (which provides for registration of births free of charge).

• (2) Except as otherwise provided in these Regulations the particulars to be recorded in respect of the mother, father or other parent of a child shall be those appropriate as at the date of its birth.

Declaration by mother for registration of birth

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Form 2 is the prescribed form of the declaration to be made under the Act by—

• (a) the mother under section 10(1)(b)(i);

• (b) the father under section 10(1)(c)(i);

• (c) the mother under section 10(1B)(b)(i); or

• (d) the other parent under section 10(1B)(c)(i).

Entry of particulars on registration within three months from date of birth

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• (1) Where the relevant registrar receives from any qualified informant ... information of the particulars required by Regulation 7(1) he shall ... register the birth and the particulars, if not previously registered, ... on form 1, entering the particulars required in spaces 1 to 13 in accordance, where applicable, with the following provisions of this Regulation.

• (2) With respect to space 1 (date and place of birth), if more than one living child is born at the confinement the registrar shall after the date of birth enter the time of birth.

• (3) With respect to space 2 (name and surname)–

• (a) if a name is not given, the registrar shall enter only the surname, preceded by a horizontal line;

• (b) the surname to be entered shall be the surname by which at the date of the registration of the birth it is intended that the child shall be known.

• (4) With respect to space 4 (father’s, or other parent’s, name and surname) —

• (a) If, other than in a case to which sub-paragraph (b) applies, the father or other parent acquired after the child’s birth a name or surname different from their name at the date of the birth, the registrar shall enter in space 4 the name and surname as at the date of birth followed by the name and surname as at the date of registration preceded by the word ‘now’; or if the father or other parent has died between the birth and the date of registration and changed their name between the birth and their subsequent death, their name and surname at birth is provided followed by the word “afterwards” and then their name at the date of their death is inserted into space 4;

• (b) In the case of a request made under paragraph (d), (e), (f) or (g) of section 10(1) or paragraph (d), (e), (f) of section 10(1B) and upon production of a declaration in Form 6A, the registrar shall enter in space 4 of Form 1, the name and surname of the father or putative father or other parent or putative other parent as appropriate and as recorded in the parental responsibility agreement mentioned in section 10(1)(d)(i) or 10(1B)(d)(i) or the orders mentioned in section 10(1)(e)(i), (f)(i), (g)(i),or section 10(1B) (e)(i) or (f)(i).

• (c) In the case of a request under section 10ZA of the Act (Registration of father or second female parent by virtue of certain provisions of the Human Fertilisation and Embryology Act 2008) the registrar shall enter in space 4, as the father or other parent of the child, the name and surname as at the date of death, of the man who is the father or the woman who is the other parent.

• (4A) Form 6A shall be the prescribed form of the declaration for the purposes of paragraphs (d) to (g) of section 10(1) , and paragraphs (d) to (f) of section 10(1B) of the Act.

• (5) With respect to spaces 5 and 6 (father or other parent’s place of birth and occupation)—

• (a) In a case to which section 10(1) or 10(1B) of the Act applies, the registrar shall not complete spaces 5 and 6 unless the name and surname of the father, or other parent, of the child have been entered in space 4 pursuant to either of those sections;

• (b) If either the father or the other parent was deceased at the date of the birth the registrar shall enter in space 6 the word ‘deceased’;

• (c) If the father or other parent has changed their occupation since the birth of the child, the registrar shall in space 6, after the occupation as at the date of the birth, enter the occupation as at the date of registration, preceded by the word ‘now’.

• (6) With respect to space 7 (mother’s name and surname)–

• (a) if after the birth of the child the mother acquired a name or surname different from that borne by her at the date of the birth, the registrar shall enter the name and surname as at the date of the birth, followed by the name and surname as at the date of registration preceded by the word “now” or, if the mother is deceased, the name and surname as at her death preceded by the word “afterwards”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) With respect to space 8b (mother’s occupation) if the mother has changed her occupation since the birth of the child, the registrar shall in space 8b after the occupation as at the date of the birth enter the occupation as at the date of registration preceded by the word “now”.

• (7) With respect to space 9(b) (mother’s surname at marriage or civil partnership if different from maiden surname) the surname to be entered shall be—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the name in which she contracted her marriage with, or in which she entered into a civil partnership with, the father or other parent of the child (and where the marriage results from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the name to be entered is that used for the conversion, if different).

• (8) For space 13 (informant’s usual address) —

• (a) the address required is the address at registration of the birth;

• (b) if under sections 10(1)(a) or 10(1B)(a) of the Act an entry of the father or other parent has been made, the registrar shall enter the father’s or other parent’s address followed by the mother’s address if different;

• (c) except as provided by sub-paragraph (b), the registrar shall not enter the address of the informant if that address is the same as the mother’s usual address.

• (9) After completing spaces 1 to 13 of the entry the registrar shall call upon the informant to verify the particulars entered.

• (10) If any error has been made in those particulars, the registrar, in the presence of the informant, shall, where the entry is being completed in manuscript, make the correction in accordance with regulation 54.

Completion of registration

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• (1) When spaces 1 to 13 of form 1 have been completed and verified the registrar shall call upon the following persons to sign the entry in space 14 of the form–

• (a) subject to sub-paragraph (b) or (c), the informant;

• (b) where an entry has been made under section 10(1) of the Act–

• (i) if made pursuant to paragraph (a) of that sub-section, the person acknowledging himself to be the father, and then the mother,

• (ii) if made pursuant to paragraph (b) of that sub-section, the mother, in which case the registrar shall add after her signature the words “Statutory declaration made byon”, inserting the name and surname of the person acknowledging himself to be the father and the date on which the statutory declaration was made by him,

• (iii) if made pursuant to paragraph (c) of that sub-section, the person stating himself to be the father of the child, in which case the registrar shall add after his signature the words “Statutory declaration made by on ”, inserting the name and surname of the mother and the date on which the statutory declaration was made by her,

• (iv) if made pursuant to paragraph (d) of that sub-section, the person making the request in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(d) of the Births and Deaths Registration Act 1953”,

• (v) if made pursuant to paragraph (e) of that sub-section, the person making the request, in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(e) of the Births and Deaths Registration Act 1953,”

• (vi) if made pursuant to paragraph (f) of that sub-section, the person making the request in which case the registrar shall add after his signature the words “Pursuant to section 10(1)(f) of the Births and Deaths Registration Act 1953,”

• (vii) if made pursuant to paragraph (g) of that sub-section, the person making the request in which case the Registrar shall add after his signature the words “Pursuant to section 10(1)(g) of the Births and Deaths Registration Act 1953”.

• (c) where an entry has been made under section 10(1B) of the Act the following persons shall sign the entry in space 14 —

• (i) the person acknowledging herself to be the other parent and then the mother if made under paragraph (a) of section 10(1B);

• (ii) the mother if made pursuant to paragraph (b) of section 10(1B), in which case the registrar shall add after the mother’s signature the words “Statutory declaration made by … on …” , inserting the name and surname of the person acknowledging herself to be the other parent and the date on which the statutory declaration was made by her;

• (iii) the person stating herself to be the other parent if made under paragraph (c) of section 10(1B) in which case the registrar shall add after her signature the words “Statutory declaration made by … on …” inserting the name and surname of the mother and the date on which the statutory declaration was made by her;

• (iv) the mother or other parent making the request if made under paragraph (d) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(d) of the Births and Deaths Registration Act 1953’;

• (v) the person making the request if made under paragraph (e) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(e) of the Births and Deaths Registration Act 1953’; or

• (vi) the person making the request if made under paragraph (f) of section 10(1B), in which case the registrar shall add after his signature the words ‘Pursuant to section 10(1B)(f) of the Births and Deaths Registration Act 1953’.

• (d) Where an entry has been made under section 10ZA of the Act, the person making the request shall sign the entry in space 14, in which case the registrar shall add after his signature the words “Pursuant to section 10ZA of the Births and Deaths Registration Act 1953.

• (2) The registrar shall then enter in space 15 the date on which the entry is made and shall sign the entry in space 16, adding his official description.

Registration between three and twelve months from date of birth

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Registration after twelve months from date of birth

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