LU v Registrar of Births Deaths and Marriages (No 2) [2013] NSWDC 123

District Court New South Wales

Medium Neutral Citation: LU v Registrar of Births Deaths and Marriages (No 2) [2013] NSWDC 123 Hearing dates: 26 April 2013 Decision date: 31 July 2013 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: 1. The Registrar is authorised to remove from the child's birth registration any particular that identifies the father as the father of the child, pursuant to cl 17(4)(b)(i) of Sch 3 of the Births, Deaths and Marriages Registration Act 1995. 2. Upon the removal of the particulars identified in order 1, on an application made jointly by the female parent and the birth mother in a form approved by the Registrar, accompanied by, to the extent required by the Registrar, a statutory declaration verifying the information in the application and other evidence, the Registrar is ordered to include registrable information about the female parent on the child's birth registration. 3. Order that there be no order as to costs, to the intent that each party bear their own costs. 4. Liberty to the parties to apply within 28 days in respect of any of the conditions in order 2 above. Catchwords: FAMILY LAW - de facto relationships - cohabiting and same sex couples - registration as parent - birth certificate - application to replace name of biological father with name of former partner of birth mother Legislation Cited: Births, Deaths and Marriages Registration Act 1995, s 18, s 19, s 20, cl 17 of Sch 3 Pt 4 Status of Children Act 1996, s 11, s 12, s 13, s 14, s 15, s 16, s 17, s 18, s 19, s 20, s 21, s 22, s 34, cl 7 of Sch 2 Cases Cited: AA v Registrar of Births, Deaths and Marriages and BB [2011] NSWDC 100 Highland v Labraga (No 3) [2006] NSWSC 871 Keramaniakis v Wagstaff (2005) 3 DCLR (NSW) 1 LU v Registrar of Births Deaths and Marriages (District Court of New South Wales, P Taylor SC J, 29 April 2013, unreported) PJ v Director General Department of Community Services [1999] NSWSC 340 Category: Principal judgment Parties: LU (plaintiff) Registrar of Births, Deaths and Marriages (first defendant) LS (second defendant) Representation: Ms C Gleeson (plaintiff) Corrs Chambers Westgarth Lawyers (plaintiff) Crown Solicitor's Office (first defendant) Stacks/Family Law (second defendant) File Number(s): 2012/396246 Publication restriction: Publication restriction of anything that would identify the child the subject of the proceedings.