Registration of birth of child of a married woman
8(1)Subject to subsections (3) and (5), where a child is born to a married woman, the particulars of the husband shall be given as those of the father of the child.
8(1.1)Except as otherwise provided in this section,
(a)
where a married woman and her husband have the same surname, the birth of a child to the woman shall be registered showing
(i)
the surname of the woman and her husband as the surname of the child,
(ii)
the maiden surname of the woman as the surname of the child if the woman and her husband jointly so request on the birth registration form,
(iii)
the maiden surname of the woman combined with the surname of her husband as the surname of the child if the woman and her husband jointly so request on the birth registration form, or
(iv)
the birth surname of the husband if the woman and her husband jointly so request on the birth registration form, or
(b)
where a married woman and her husband have different surnames and where the woman and her husband jointly so request on the birth registration form, the birth of a child to the woman shall be registered showing
(i)
the surname of the woman combined with the surname of her husband as the surname of the child,
(ii)
the surname of the woman as the surname of the child,
(iii)
the surname of the husband as the surname of the child,
(iv)
the maiden surname of the woman as the surname of the child,
(v)
the maiden surname of the woman combined with the surname of her husband as the surname of the child, or
(vi)
the birth surname of the husband as the surname of the child, or
(c)
where a married woman has a surname and her husband has a name determined in accordance with his cultural, ethnic or religious heritage or where a married woman has a name determined in accordance with her cultural, ethnic or religious heritage and her husband has a surname, and where the woman and her husband jointly so request on the birth registration form, the birth of a child to the woman shall be registered showing
(i)
the surname of the woman as the surname of the child,
(ii)
the surname of the husband as the surname of the child,
(iii)
the maiden surname of the woman as the surname of the child, or
(iv)
the birth surname of the husband as the surname of the child.
8(1.2)If the parents of a child fail to jointly request the order in which family names are to be arranged in accordance with subsection 7.1(2) within the time prescribed by regulation, the Registrar General may register the birth of the child with the family names arranged in alphabetical order.
8(1.3)If a parent with a surname composed of two or more family names fails to select a family name as required under subsection 7.1(3) within the time prescribed by regulation, the Registrar General may register the birth of the child using the family name that appears first in the parent’s surname as a component of the child’s surname.
8(2)Repealed: 1985, c.41, s.9
8(3)Subject to subsection (3.1), where a married woman to whom a child is born files with the Registrar General a statutory declaration in a form provided by the Registrar General that at the time of conception she was living separate and apart from her husband and that her husband is not the father of the child, no particulars as to the husband shall be registered, and the birth shall be registered showing the surname of the married woman or her maiden surname, as she requests in writing on a form provided by the Registrar General, as the surname of the child.
8(3.1)Where a married woman files the statutory declaration referred to in subsection (3) and the woman and the father of the child jointly so request in a statutory declaration on a form provided by the Registrar General, the particulars of the father shall be registered, and the birth shall be registered showing, in accordance with the request,
(a)
the surname or maiden surname of the mother as the surname of the child,
(b)
the surname or birth surname of the father as the surname of the child, or
(c)
the surname or maiden surname of the mother combined with the surname of the father as the surname of the child.
8(4)Where a married woman has made a statutory declaration under subsection (3) before the registration of birth of the child but the joint request under subsection (3.1) is made after the registration of birth, the Registrar General may amend the registration in accordance with the request by making the necessary notation thereon.
8(5)Repealed: 2011, c.37, s.21
8(6)Repealed: 2011, c.37, s.21 1983, c.94, s.4; 1985, c.41, s.9; 1987, c.63, s.3; 1993, c.27, s.3; 1994, c.75, s.1; 1996, c.24, s.6; 2011, c.37, s.21