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Amending a birth certificate

If the court makes an order declaring parentage, the order can be used to amend a birth certificate. This may include removing a person’s name if the declaration states that they are not the parent.

A parent who disputes parentage of child can also ask the carer to sign a statutory declaration stating that they are not a parent of the child. They can then ask the carer to remove their name from the child's birth certificate.

See Births Deaths Marriages Victoria—Correct a birth.

Lesbian couples with children born before 1 January 2010

Couples with children who were born before the changes that enabled a non-birth mother to be listed on a birth certificate can now have that birth certificate amended to give legal recognition to both birth and non-birth parent. They will need to sign a Statutory Declaration and lodge an application form with the Births Deaths and Marriages Registry.

If the donor's name was listed on the original certificate, their name can be removed. Although the donor's permission is not needed, the parents will need an order from the County Court to amend the certificate. Get in touch with the Registry before seeking an order.

See Births Deaths Marriages Victoria—Correct a birth.

More information

Legislation

Family Law Act 1975 (Cth)

  • s. 69U—what happens if presumptions conflict
  • s. 69X—other orders that a court can make about parentage testing (for example ordering a person to submit to a medical procedure)

See Family Law Act 1975 (Cth).

Status of Children Act 1974 (Vic)

  • Part lll—status of children—medical procedures—women with a female partner or without a partner
  • s. 13—women with a female partner, presumption as to status of child
  • s. 13(1)(b)—the woman's female partner is presumed to be the legal parent of any child born as a result of the pregnancy if the partner consented to treatment
  • s. 13(2)—the presumption of parentage prevails over a conflicting presumption that arises under (registration of a birth certificate or a conflicting declaration made by the Supreme Court)
  • s. 8—evidence of parentage

See Status of Children Act 1974 (Vic).

Reference

Services Australia

Child Support Guide

Services Australia has produced a detailed guide designed to assist lawyers to support clients with the child support scheme. It is used by practitioners and includes information about assessments, collection of child support, administration and seeking a review of the Child Support Registry's decision.

See Child Support Guide—2.1.3: Parentage.

Births, Deaths and Marriages

See Births Deaths Marriages Victoria—Correct a birth.

Updated