Births, Deaths, Marriages, and Relationships Registration Act 1995

9 Parents primarily responsible for notifying birth

(1)

Both parents of a child born in New Zealand must, as soon as is reasonably practicable after the birth,—

(a)

jointly notify a Registrar of the birth in accordance with this Act; and

(b)

in the case of a child born on or after 1 January 2006, inform the Registrar whether or not, to the best of their knowledge, either or both of the child’s parents are New Zealand citizens or persons entitled, under the Immigration Act 2009, to be in New Zealand indefinitely.

(2)

However, a Registrar may accept the form signed by only 1 parent if he or she is satisfied that—

(a)

the child has only 1 parent at law; or

(b)

the other parent is unavailable; or

(ba)

it is not reasonably practicable to obtain the other parent’s signature because—

(i)

he or she is overseas; and

(ii)

he or she cannot be contacted within a period of time that is reasonable in the circumstances; or

(c)

requiring the other parent to sign the form would cause unwarranted distress to either of the parents.

(3)

A person who is not a child’s parent must not notify a Registrar of the child’s birth and is not capable of doing so except as provided in sections 7, 8, and 10.

(4)

For the purposes of this section, a child has 1 parent at law if—

(a)

the child is born as a result of a woman acting alone in a situation described in section 20(1) or 22(1) of the Status of Children Act 1969; and

(b)

the donor of the ovum, embryo, or semen (as the case may be) for the pregnancy does not become the partner of the woman after the time of conception but before the birth is notified for registration.

Section 9: substituted, on 24 January 2009, by section 10 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 9(1)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 9(2)(ba): inserted, on 7 July 2010, by section 6 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 (2010 No 49).