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Nauru Subsidiary Legislation |
REPUBLIC OF NAURU
BIRTHS DEATHS AND MARRIAGES REGISTRATION (REGISTRATION OF BIRTHS OF NAURUAN CHILDREN BORN OUTSIDE THE REPUBLIC) REGULATIONS 2019
______________________________
SL No. 24 of 2019
______________________________
Notified: 24th August 2019
Table of Contents
1 CITATION
2 COMMENCEMENT
3 APPLICATION FOR REGISTRATION
4 REQUIREMENTS FOR REGISTRATION
5 COMPULSORY REGISTRATION OF BIRTH OF CHILD IN THE COUNTRY OF BIRTH
6 STATUTORY DECLARATION VERIFYING APPLICATION
7 CERTIFICATE OF REGISTRATION
8 GAZETTING OF REGISTRATION OF NAURUAN CHILDREN BORN OUTSIDE THE REPUBLIC
9 REGISTER OF NAURUAN CHILDREN BORN OUTSIDE THE REPUBLIC
SCHEDULE 1
Cabinet makes the following Regulations under section 102(2)(b) of the Births Deaths and Marriages Registration Act 2017:
These Regulations may be cited as the Births Deaths and Marriages Registration (Registration of Births of Nauruan Children Born Outside the Republic) Regulations 2019.
These Regulations come into effect on the day they are notified in the Gazette and shall have retrospective effect for purposes of registration of births of Nauruan children born outside of the Republic.
An application for registration of birth of a Nauruan child born outside the Republic shall be made by the one or both parents of the child born outside of the Republic in Form 1 of Schedule 1.
Where the documents in regulation 4(2) are not available or capable of being obtained after all reasonable efforts being made, the details provided in Form 1 under Regulation 3 shall be verified by a statutory declaration of the mother and where the mother is unavailable, by the father in Form 2 of Schedule 1.
For the purpose of section 19 of the Act, a certificate attesting to the registration of the birth of a Nauruan child outside the Republic shall be in Form 3 of Schedule 1.
Where the birth of child is registered under these Regulations, the Registrar shall gazette such registration in Form 4 of Schedule 1.
SCHEDULE 1
REPUBLIC OF NAURU
APPLICATION FOR REGISTRATION OF BIRTH1
Application Reference number: / 20
1. Persons who may register birth are: one or both parents.
2. The Registrar shall not register names where the proposed name including the surname and combination of which in any language exceeds
5 words and, the Registrar shall not register a name he or she deems a prohibited name in any language.
3. Insert date of birth or age at the time of birth of child.
4. If married or voluntarily provided by the mother with the father’s consent.
5. Insert date of birth or age at the time of birth of child.
6. Marriage certificate must be provided where the parents are married.
FORM 2
[Regulation 6]
STATUTORY DECLARATION1
I2, [insert full name], of [insert address], [insert occupation] do solemnly and sincerely declare that I am the biological [insert mother or father3] of [insert full name of child], a [insert whether female or male child] born in [insert name of medical institution, city, country] on [insert date of birth] and say as follows:
(1) [Name of the child] was born on or about the [insert date].
(2) The child was born at [name of medical institution], the address of which is [insert full address of the medical institution in the foreign country].
(3) I/We decided to have our child being born in [insert the name of country] and not in Nauru.
(4) I confirm that [4] are Nauruan citizens as such the child is also a Nauruan citizen by descent and capable of being registered under the Births Deaths and Marriages Registration Act 2017.
(5) I/ We did not register the child in the country of birth due to [insert the reason].
(6) I/We registered the child in the country of birth but could not trace the birth certificate of the [name of child] due to [state the reason].
(7) I/We only have the hospital records of the birth, a copy of which is annexed to this declaration OR
I/We cannot provide the evidence of the birth of the child from the medical institution where the child was born due to [state the reason].
(8) I certify the child was born at the [medical institution] in [name of foreign country].
I/We make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declarations Act 1976 conscientiously believing in the statement contained therein to be true in every particular.
......................................................... .........................................................
Signature of mother Signature of father
I, [name of the Commissioner for Oaths/ Notary Public/legal practitioner] confirm that I read back and explained to the details of this declaration to the [name of deponent] and he or she appeared to fully understand the meaning and effect thereof on the day of 20....
...............................................................................
1. Declaration of biological parents of the Nauruan child born outside the Republic.
2. Insert name of parent.
3. Father to make declaration where the mother is unavailable.
4. Insert whether mother or father or is/are Nauruan citizens.
Signature of Commissioner for Oaths/Notary Public/legal practitioner
FORM 3
[Section 19; Regulation 7]
REPUBLIC OF NAURU
Registration Number: / 20
CERTIFICATE OF REGISTRATION OF BIRTH
(NAURUAN CHILD BORN OUTSIDE THE REPUBLIC)
Surname: Given names: Date of birth: Gender: Place of birth: Tribe: Nationality: | |
Surname: Given names: Maiden name: Age: Occupation: Tribe: Nationality: Registered District: | |
Surname: Given names: Age: Occupation: Tribe: Nationality: Registered District: | |
Date of marriage: Place of marriage: | |
Name: Address: | |
REGISTRAR I hereby certify that the above particulars relating to the registration of Birth of a Nauruan Child Born Outside the Republic are contained in the Register kept in the Registry in the Republic of Nauru. Given under my hand and seal this ......... day of ................................. 20 . ................................................... Registrar of Births, Deaths and Marriages |
FORM 4
[Regulation 6]
REPUBLIC OF NAURU
NOTIFICATION OF BIRTH REGISTRATION IN GAZETTE
Gazette Notice No: / 20
TAKE NOTICE that the Registrar for Births, Deaths and Marriages has registered the birth of the following Nauruan child born outside the Republic: Surname of child: ................................ Given names of child: .................................... Date of birth of child: / / 20.... Gender: ............. Tribe: ............................................. Nationality: .................................................... Country of birth of child: .................................................................................................. Given names and surname of mother: ........................................................................ Registered district of mother: .............................................. Tribe of mother: ...................... Given names and surname of father: ......................................................................... Registered district of father: .............................................. Tribe of father: .......................... ................................................... Date: / / 20.... Registrar of Births, Deaths and Marriages |
SCHEDULE 2
REGISTER OF BIRTHS OF NAURUAN CHILDREN BORN OUTSIDE THE REPUBLIC
REGISTER OF BIRTHS OF NAURUAN CHILDREN BORN OUTSIDE THE REPUBLIC | |||||||||
Name of child 1 | Date of birth | Place of birth2 | Gender | Names of parents3 | Registered districts of parents | Parents’ tribes | Parents’ occupation | Gazette Notice No. | Certificate No. |
| | | | | | | | | |
1. Insert given names and full names of child.
2. Insert name of hospital, city, country.
3. Insert given names and full names of mother and father of child.
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URL: http://www.paclii.org/nr/legis/sub_leg/bdamra2017bdamroboncbotrr20191513