Change of Birth Certificate Details

[maureenjoan]

Can anyone come up with a good reason why someone would have had their original birth certificate altered by the Courts and that original certificate is now 'closed' and unavailable due to Supreme Court Ruling?  This happened in NSW in the late 1940's and this was still the case in the 1980's when she tried to gain access.  This lady was adopted by her step-father (i.e. when her mother remarried).  At this stage I dont know if the birth cert was altered before the step-father came along or when he married her mother.  I believe her current birth cert shows her with her step-father's name. I am really curious to know what could possibly have happened.  I believe she is going to approach the Court again in case any changes have been made in the interim.  Surely you are entitled to see your original birth certificate - do you not have the Freedom to Information Act in Australia as we do in the UK.  Any ideas anyone?

[Neil Todd]

Well isn't that a doosy!!!

I am no Lawyer, but someone possibly the Mother approached the court to have the file sealed.

There are reasons why this would be done, mostly to protect the child and/or mother from what ever.

Freedom of information does not override a supreme court ruling. But if a powerful enough case could be made a lawyer could petition the court to have the original ruling overturned.

The court would have to have a strong reason to alter its ruling and release the information, but it is 2012 and most of the original people involved may be deceased so there may not be a reason to keep the records sealed.

But be careful, some things we don't always NEED to know.

NEIL

[maureenjoan]

Appreciate your warning Neil!  But as a person a few steps removed from the person and events, it is really intriguing and if it were me I would just have to know!!!  but then I am nosy!!!  Not sure any representation to the court would work as the only justification for knowing is that you want to know!  Agree parents could well be dead by now altho with Aussie records (grrr!) you cant really check too easily.  Oh well, just wondered if anyone else had come across such a thing and what the general concensus of opinion was.  Thanks anyway

[muss]

Hi

I was told that when a child is born before the parents marry, the child is issued with a birth certificate under its mother's surname.  When the parents marry and wish to legitimise the child a new certifcate is issued ( the number can be the same on BDM's)

In 1914 when my husband,s uncle was born, there was  2 entries for the birth, but you can only have access to the 2nd certifcate.

Muss

[majm]

Hi

The principle function of my NSW birth cert is to provide proof of the registration of my birth so that I can use it as a fundamental record in establishing my identification.  There is certified information that is not readily obtained from other sources on it.  As I am not yet 100 my bc is not available for purchase by anyone NOT named on it.  That most likely would be the tenet behind the NSW Supreme Court ruling you mention.

If your friend is seeking a copy of her initial registration she may need to explain WHY ....  Her current one gives her date and place of birth so perhaps she could follow that thought without needing to seek Court action.   May I suggest though that experienced Aussie based  independent counsellors would be a good starting point.  They have dealt with this type of enquiry many many many times.

If I needed to obtain a replacement copy of it I need to go through 'hoops' to establish my ID to re-purchase it.  Only persons also named on my bc can obtain a copy of it and they too need to go through those hoops.  In this way the value of my NSW cert to provide its value as an ID official doc is obviously very different from many EU countries.   My younger siblings are obviously not named on my bc so they are not entitled to access to my bc.  Thats the level of protection to  ID that is provided to NSW born people.  Similar in the other states and I understand NZ too.  So my NSW bc is a secure document.

Cheers JM

[SherlockBones]

I was told that when a child is born before the parents marry, the child is issued with a birth certificate under its mother's surname.  When the parents marry and wish to legitimise the child a new certifcate is issued ( the number can be the same on BDM's)

Just had a situation in QLD whereby a child was born illegitimately and was registered under the mother's last name. Which is the way it was done if the parents weren't married.
 
The father later admitted paternity and ANOTHER registration was created STILL under  the mother's last name but with the father also listed.
 
At age two the child was adopted out and there was ANOTHER registration created with the new adopted surname but with just the original mother's last name. All births had the same registration number.

Jon

[majm]

Yes similar to NSW ...  In NSW the info on the LATEST entry only would be on any certificate being issued after that alteration AND the informant would be required to return for destruction any previous certificates or to sign a declaration that the earlier ones were lost.  This info is from a rellie of mine who worked at NSW BDM post WWII until 1980s . I have just finished speaking to my rellie about this topic.  His thoughts re that there is nothing unusual about NSW Supreme Court sealing that file.  It would be unusual if it had NOT been sealed.  Rellie said 'Constitutionally it would HAVE to be sealed under NSW laws re NSW BDM Registrar General records as well as Adoption Laws in NSW.  '  NSW BDM laws basically remain the same.   Tell the enquirer to have her friend contact JIGSAW Australia.

Cheers JM

I was told that when a child is born before the parents marry, the child is issued with a birth certificate under its mother's surname.  When the parents marry and wish to legitimise the child a new certifcate is issued ( the number can be the same on BDM's)

Just had a situation in QLD whereby a child was born illegitimately and was registered under the mother's last name. Which is the way it was done if the parents weren't married.
 
The father later admitted paternity and ANOTHER registration was created STILL under  the mother's last name but with the father also listed.
 
At age two the child was adopted out and there was ANOTHER registration created with the new adopted surname but with just the original mother's last name. All births had the same registration number.

Jon

[majm]

Slightly off topic but rellie phoned back to remind me to note

There is a recent NSW case in newspapers where in 2011 our courts altered the bc of a child born to a female with a female partner.  The donor Male was known to the couple and at his approval was named on the inital registration. The recent alteration has removed his name DESPITE his desire to have it remain on the registration.  The child's registration now has two females recorded as the parents.  The child can at 18 seek to have the registratin amended by the courts.

Cheers JM
 

[muss]

hi

You could also try International Social Services  (ISS) - Australia - also in England.


Muss