Annie Oxborough Birth Parents Registration Bill

Annie Oxborough Birth Parents Registration Bill

Private Bill

244—1

Explanatory note

General policy statement

This Bill requires the Registrar-General to enter the details of Susan Mary Cox as mother and Scott Geoffrey Sinel as father, in place of the names of her adoptive parents, on the registration of the birth of Ann Joy Marshall as if a notice under section 23 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 had been received containing that information.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Act will come into force on the day after the date on which it receives the Royal assent.

Clause 3 is the interpretation clause.

Clause 4 requires the Registrar-General, in relation to the birth certificate in the name of Angela Joy Marshall, to replace as soon as reasonably practicable the named mother and father with the names of Susan Mary Cox as mother and Scott Geoffrey Sinel as father as if the Registrar-General had received a notice under section 23 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 containing that information.

Clause 5 provides that nothing in section 4 affects the adoption order made in favour of Annie Oxborough’s adoptive parents.

Chris Penk

Annie Oxborough Birth Parents Registration Bill

Private Bill

244—1

Preamble

(1)

Lisa Clarke, the biological child of Susan Mary Cox (nee Clarke) and Scott Geoffrey Sinel, was born on 21 February 1971. Scott Sinel was not listed on the pre-adoption birth certificate as his name was not provided at the time of Lisa’s birth.

(2)

Lisa was subsequently adopted in accordance with the Adoption Act 1955. Her birth certificate was issued on 16 December 1971 at the Magistrate’s Court in Auckland in the name of Angela Joy Marshall, being the legal child of an adoptive mother and adoptive father. This birth certificate is the legal source of Annie Oxborough’s identity.

(3)

Angela’s name was subsequently changed to Ann Joy Marshall (known as Annie) by deed poll by her adoptive parents on 5 June 1976.

(4)

Annie Marshall married in 1990 and changed her surname to Oxborough.

(5)

Both of Annie’s adoptive parents are deceased.

(6)

As an adult, Annie has made contact with and formed a relationship with her biological parents.

(7)

Annie seeks to replace the names of her adoptive parents on her birth certificate with those of her biological parents, so that the record of Annie’s birth includes a true account of her lineage.

(8)

A Private Bill is the only mechanism by which Annie can achieve this outcome.

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the Annie Oxborough Birth Parents Registration Act 2023.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation

In this Act, unless the context otherwise requires,—

birth certificate means the birth certificate in the name of Angela Joy Marshall issued on 16 December 1971 at the Magistrates Court in Auckland

principal Act means the Births, Deaths, Marriages, and Relationships Registration Act 1995

Registrar-General has the same meaning as in section 2 of the principal Act.

4 Registration of Annie Oxborough’s biological parents on her birth certificate

The Registrar-General must replace, as soon as reasonably practicable and in accordance with section 24 of the principal Act, the mother and father named on the birth certificate with the names of Susan Mary Cox as mother and Scott Geoffrey Sinel as father as if the Registrar-General had received notice under section 23 of the principal Act containing that information.

5 Adoption order not affected

Nothing in section 4 affects the adoption order made in favour of Annie Oxborough’s adoptive parents.