Dear Home Office,
I am trying to find out information on where the LAW or LAWS stand regarding the registration of a child's birth by that child's natural parent(mother).
After visiting the online website address: http://www.legislation.gov.uk/ukpga/Eliz...
The information I cannot find is to try and establish what happens to the parent should she not wish to register the birth of her child within ( I am presuming) the governments stipulated time of 3(three) months after its birth?
By not registering a child that has been born (either at home or in a british hospital) is a law broken?
If yes where can I find more information regarding this topic (ie LAW broken & expected punishment & who is expected to carry out this punishment)?
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Dear Mr Hayden,
Thank you for your email of 16 January to the IPS FOI requests box on the subject of birth registration. We have taken your response under official correspondence rather than under the FOI Act, but that has made no difference to the content of this reply.
The link you attach in your email does contain the section you need, ie section 36 of the Births and Deaths Registration Act, "Penalties for failure to give information". It specifies at section 36 ( c ) that being a parent, and "failing to give information concerning the birth of his child as required by this Act" is an offence, and goes on to say that this will render the parent liable to a fine.
The level of fines have been adjusted since the original passage of this Act, with the Criminal Justice Act 1982 bringing in a "standard scale" of fines for summary offences. I believe that this offence would potentially attract a fine of level 1 on that scale.
The financial penalty is not great - the real penalty is perhaps the potential impact on the child in later life when they are likely to face repeated difficulties in establishing their entitlement to services or pensions if no record exists of their birth. Even the parent(s) may face such similar difficulties in establishing their right to child benefits, proving age of child at the time of joining school and so on. A birth registration is simply a record of the event, designed to help in all these and similar instances.
I hope this is helpful.
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Dear Hughes Selwyn,
Thank you for your reply,
When you state:
"The financial penalty is not great - the real penalty is perhaps the potential impact on the child in later life when they are likely to face repeated difficulties in establishing their entitlement to services or pensions if no record exists of their birth. Even the parent(s) may face such similar difficulties in establishing their right to child benefits, proving age of child at the time of joining school and so on. A birth registration is simply a record of the event, designed to help in all these and similar instances."
Assuming the child will want the privilege of state services later on in his/her life, this decision can only be made by the parent at that time, by your knowledge, would it then become impossible to contract or enter into contractual agreements without a Birth Certificate?
Would the child have to accept vaccinations and more importantly, would the child be at risk from state interferences while exercising the human right to travel in a personal conveyance or abroad to a different area of the world?
When you say a Birth Certificate is simply the recording of an event, who is the injured party or the party suffering loss when this offense has been alleged (and be punishable by a fine)?
How can a parent make an informed choice on things that are based in the future and carry the burden in some cases of negative changes (repealed/changes to an Act, financial effects on state pensions, permanent reviews of educational methodology etc)?
Does the Birth Certificate bond a human being to the state by account, so that the human can only exercise the privileges or rights that are given by and contained wholly within the state the birth was recorded in?
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