Entry in register as evidence of The Birth and Death Act 1953

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Dear General Register Office,

Could you clarify this Section 34 (part 2) states of the Birth and Death Certificate 1953.

Section 34

Entry in register as evidence of The Birth and Death Act 1953
1) The following provisions of this section shall have effect in relation to entries in registers under this Act or any enactment repealed by this Act.
(2) An entry or a certified copy of an entry of a birth or death in a register, or in a certified copy of a register, shall not be evidence of the birth or death unless the entry purports to be signed by some person professing to be the informant and to be such a person as might be [F78required or permitted by law] at the date of the entry to give to the registrar information concerning that birth or death.

Does part 2 of Section 34 supports The GRO is part of Her Majesty's Passport Office, in HM Passport office: passport policy – Birth certificates and full birth certificate policy published 7th February 2012, page 4 titled ‘Certificate of registry of birth’ states ‘A certificate of registry of birth is unsuitable for passport purposes if the name of the child to whom it refers is not recorded. In such cases the applicant should be advised to obtain a new birth certificate?

If a registrar just registered any surname for a child that does not belong to its parent or parents, is that fraud?

How would one obtain a new passport?

Yours faithfully,

Ms. S

Hughes Selwyn,

Dear Ms S,
 
Thank you for your enquiry.
 
You've raised a number of points. The first relates to the reference in
the passport policy guidance to a "certificate of registry of birth". I
believe that these were documents issued up until about 20 years ago which
simply confirmed that someone had attended to register a birth, but did
not necessarily give any other details from the registration. This
document confirmed that the person attending had fulfilled their legal
obligation to register, but I believe the document was discontinued since
everyone is issued with a free birth certificate at the time of
registration anyway. However, some of these documents may still be in the
possession of those applying for a passport, so the guidance is still
valid.
 
Secondly, when a birth is registered the registrar will ask what is the
name and surname in which it is intended that the child will be brought up
in. They will enter the details as given by the "informant" (usually the
mother and/or father of the child), who will have the chance to check and
sign to say that those details are correct. The surname for the child does
not have to be that of either of the parents (although it usually is). To
record a different surname is therefore not "fraud", provided that it is
what the informant is asking for and is signing to say is accurate.
 
Thirdly, "how would one obtain a new passport". I'm assuming that your
question refers to a situation where the applicant for the passport is no
longer using the name shown on their birth entry? If that's the case, then
the passport applicant has to consider what evidence they can produce to
show that they are the same person as  shown in the birth entry. The birth
certificate demonstrates to the Passport Office that a birth has taken
place and registered with the details shown : how can they now be sure
that the passport applicant is that same person? The usual sort of
documentation that would help demonstrate that would be a deed poll or a
statutory declaration that helps demonstrate the change of name. There may
be other suitable documentation and the Passport Office can advise on a
case by case basis as need  be.
 
I hope this helps answer your query.
 
Best wishes
Selwyn Hughes
GRO/LRS Engagement manager
Civil Registration

Her Majesty's Passport Office, General Register Office
Room 205, Smedley Hydro, Trafalgar Road,  Southport  PR8 2HH 
E: [email address]
www.gov.uk

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