Last Updated: 30 May 1975
AN ACT TO AMEND THE LAW RELATING TO CHILDREN BORN OUT OF WEDLOCK
[LEG Sch] SCHEDULE (Section 3)REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS
[Sch am Act 14 of 1975 s 11, effective 30 May 1975]
- 1.The Registrar-General may, on production of such evidence as appears to him or her to be satisfactory, authorise at any time the re-registration of the birth of a legitimated person whose birth is already registered under any written law relating to the registration of births, and such re-registration shall be effected in such manner and at such place as the Registrar-General may by regulations prescribe, provided that the Registrar-General shall not authorise the re-registration of the birth of any such person in any case where information with a view to obtaining such re-registration is not furnished to him or her by both parents, unless—
- (a)the name of a person acknowledging himself to be the father of the legitimated person has been entered in the register in pursuance of section 16 of the Births, Deaths and Marriages Registration Act 1975; or
- (b)the paternity of the legitimated person has been established by an affiliation order or otherwise by a decree of a court of competent jurisdiction; or
- (c)a declaration of the legitimacy of the legitimated person has been made by the High Court under section 5.
- 2.It shall be the duty of the parents of a legitimated person, or, in cases where re-registration can be effected on information furnished by one parent and one of the parents is dead, of the surviving parent, within the time hereinafter specified, to furnish to the Registrar-General information with a view to obtaining the re-registration of the birth of that person; that is to say—
- (a)if the marriage took place before the commencement of this Act, within 6 months of such commencement;
- (b)if the marriage takes place after the commencement of this Act, within 3 months after the date of the marriage.
- 3.Where the parents, or either of them, fail to furnish the necessary information within the time limited for the purpose, the Registrar-General may at any time after the expiration of that time require the parents of a person whom he or she believes to have been legitimated by virtue of this Act, or either of them, to give him or her such information concerning the matter as he or she may consider necessary, verified in such manner as he or she may direct, and for that purpose to attend personally either at his or her office or at any other place appointed by him or her within such time, not being less than 7 days after the receipt of the notice, as may be specified in the notice.
- 4.The failure of the parents or either of them to furnish information as required by this Schedule in respect of any legitimated person shall not affect the legitimation of that person.
- 5.No fee for re-registration under this Schedule shall be charged if the necessary information for the purpose is furnished within the time above specified; but in any other case there shall be charged in respect of such re-registration such fees, not exceeding in the aggregate $1, as may be prescribed by regulations under this Schedule.
- 6.This Schedule shall be construed as one with the Births, Deaths and Marriages Registration Act 1975.
The Laws of Fiji