Western Australian Consolidated Acts

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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1998 - SECT 19

19 .         Addition of details after birth registration

        (1)         Subject to section 18, a person may apply to the Registrar for the inclusion of additional registrable information about a person’s birth registration in the Register.

        (2)         An application under subsection (1) —

            (a)         must be made in writing;

            (b)         must include such information that may be required by the Registrar;

            (c)         in relation to a child, may include a request that a different surname for the child be entered in the Register (the proposed surname ); and

            (d)         must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and other evidence the Registrar may require.

        (3)         Subject to subsection (4), on an application under subsection (1) that includes a request that a different surname for a child be entered in the Register —

            (a)         if the application is jointly made by both parents of the child, the Registrar may change the surname for the child entered in the Register to the proposed surname; or

            (b)         if the application is not jointly made by both parents of the child, the Registrar may change the surname for the child entered in the Register to the proposed surname if —

                  (i)         the child’s other parent has died; or

                  (ii)         the child’s other parent cannot be found but other children of the same parents are registered in the proposed surname.

        (4)         On an application under subsection (1) that includes a request that a different surname for a child be entered in the Register the Registrar may change the surname for the child entered in the Register to the proposed surname —

            (a)         if the proposed surname is not a prohibited name; and

            (b)         if the child is 12 years of age or more and —

                  (i)         the child consents to the proposed surname; or

                  (ii)         the child is unable to understand the meaning and implications of the change of surname.

        [Section 19 amended by No. 3 of 2002 s. 31.]



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