FTH v Registrar of Births, Deaths and Marriages [2023] NSWCATAD 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTH v Registrar of Births, Deaths and Marriages [2023] NSWCATAD 232 Hearing dates: 23 June 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: 1. The decision under review is set aside. 2. Pursuant to section 45 of the Births, Deaths and Marriages Registration Act 1995 (NSW), and clause 5(1)(f) of the Births, Deaths and Marriages Registration Regulation 2017 (NSW), the entry in the Register for the registrable event of the Son's birth shall be corrected to include the full name, sex and date of birth of the Daughter in the section for listing "any other children of … either of the parents of the child". 3. Pursuant to sections 45 and 49 of the Births, Deaths and Marriages Registration Act 1995 (NSW) and clause 5(1)(f) of the Births, Deaths and Marriages Registration Regulation 2017 (NSW), a correct birth certificate shall be issued for the Son that includes the full name, sex and date of birth of the Daughter in section 5 of the birth certificate, under the heading "PREVIOUS CHILDREN OF PARENT(S)". 4. The publication or broadcast of the names of the Applicant and her two Children is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: REGISTRATION OF BIRTHS – Child born to mother conceived via fertilisation of mother's egg using donated sperm – Whether and how birth certificate and birth registration should include details of older sibling born to same mother by sperm from same donor gamete – Whether words "previous children of relationship" are necessary for inclusion in birth certificate in order to meet requirements of the Births, Deaths and Marriages Registration Act 1995 (NSW) and Births, Deaths and Marriages Registration Regulation 2017 (NSW) – "previous children of parent(s)" preferable heading for use in certificate in present circumstances Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Births, Deaths and Marriages Registration Regulation 2017 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Status of Children Act 1996 (NSW) Cases Cited: Attorney General for New South Wales v FJG [2023] NSWCA 34 Nakad v Commissioner of Police, New South Wales Police Force [2013] NSWCATAP 10 Texts Cited: NSW Committee on Law and Safety Report 1/55, October 2012 Category: Principal judgment Parties: FTH (Applicant) NSW Registrar of Births, Deaths and Marriages (Respondent) Representation: Solicitors: FTH (Applicant, Self-Represented) NSW Department of Customer Service (Respondent) File Number(s): 2023/00057108 Publication restriction: The publication or broadcast of the names of the applicant and her two children is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).