The arrival of a new baby is a momentous occasion, and while it is a time to celebrate, there are important legal requirements that must be completed promptly. In Scotland, while there is no legal significance attached to a name , registering a birth is a critical step in establishing a child’s official identity. Registration enables access to essential services such as healthcare, education, welfare benefits, and the issuance of a passport.
How long do I have to register a birth?
Under Scots law, a birth must be registered within 21 days of the child’s date of birth. It is important to adhere to this deadline to avoid legal complications.
Where do I register the birth?
Births are registered at your local registrar’s office. Appointments may be required and can be conducted in person, by phone, or remotely, depending on local procedures. It is advisable to contact your local registrar in advance to confirm the process and required documentation.
What information will I need to provide?
To register a birth, you will need:
• Your contact details and the child’s full name.
• The child’s date, time, and place of birth - you may have a birth notification card from the hospital if the child was born there.
• Full names, occupations, and home addresses of both parents.
• If the marriage or civil partnership took place outside Scotland, provide the certificate if available.
• Birth certificates for parents born outside Scotland, if available..
Who can register a birth?
Who can register the birth depends on your personal circumstances.
Typically, the child’s parents register the birth. However, the Registration of Births, Deaths and Marriages (Scotland) Act 1965 allows for others, such as a relative, the occupier of the premises in which the child was born, or any person having charge of the child or who may have been present at the birth, to attend to registration. These other options are likely only to apply in exceptional circumstances.
Parents Married or in a Civil Partnership: If the parents were married or in a civil partnership, either parent can make the registration. If the parents are not married, the mother alone may register the birth.
Parents Not Married or in a Civil Partnership: It is still possible for the other parent to be included on the birth certificate if the parents are unmarried or not in a civil partnership. The mother will have to confirm that the other person is the child's parent when registering the birth. Simply naming that parent on the certificate isn’t enough for that parent to acquire parental rights: it is the process of joint registration, or by way of a court order that achieves this.
Joint registration
Joint registration can be done in person or remotely. If one parent registers alone, formal legal declarations are required:
Mother registering alone: Form 26 needs to be completed by the mother, and the father needs to complete Form DPF form-dpf.pdf. Both forms are sworn under oath either before a Justice of the Peace or a Notary Public.
The other parent registering alone: Form 27 must be completed by the other parent, and the mother must complete Form DPM form-dpm.pdf. Again, both forms must be sworn under oath.
Swearing these documents under oath before a Justice of the Peace or Notary Public is a formal legal process. It formally confirms parentage and you intend there to be joint registration. The formality is important. While the name of a child has no legal significance, being named the parent carries with it the obligation to financially support the child. It also provides both parents with equal rights and parental responsibilities. It is the process of joint registration that sets up the acquisition of parental rights and parental responsibilities for an unmarried father. The only alternative to acquire such rights and responsibilities is by way of court order.
Births resulting from assisted reproductive treatment
Depending on your personal circumstances, there are different procedures to follow and additional paperwork to produce.
Parents Married or in a Civil Partnership: Either parent can register the birth, and both parents’ details can be recorded in the birth entry. They must have been married or in a civil partnership when the treatment took place, and both must have consented to the treatment being given. In this situation, it doesn't matter where the treatment took place and whether it was in a licensed clinic.
In the event parents marry or joined a civil partnership after treatment, the birth mother should register the birth. The other parent can be recorded in the birth entry if both parents jointly register and there was a parenthood agreement in place before treatment took place and the treatment took place under licence in the UK
Parents Not Married or in a Civil Partnership: The birth mother registers the birth. The other parent may be recorded in the birth entry if a parenthood agreement was in place before treatment took place and the treatment took place in a licensed clinic in the UK.
What happens if the registration deadline passes?
In the unlikely event that you miss the deadline, the Registrar for the registration district in which the child was born, may serve a notice on any qualified informant, requiring them to provide, to the best of their knowledge and belief, the information necessary to complete the birth registration.
This is subject to a 15-day time limit and if that passes, a second notice may be served. Persistent failure will lead to sheriff court action being raised to ordain compliance with the notice.
What happens after registration?
An abbreviated copy extract birth certificate will be provided free of charge, and you can purchase a copy of the whole extract. You will also receive an NHS in Scotland Form EC58, which allows you to register the baby for NHS Services.
Depending on your personal circumstances, you may need to consider taking legal advice about the registration process and the implications of joint registration for parents. Our family law team can assist with any questions you may have and as notaries public, can assist with any declarations to be sworn under oath.
At Thorntons, we have a dedicated and experienced Family Law team. For more information, please call 03330 430150.
