21.The Civil Registration Act (Northern Ireland) 2011 changed the registration procedures in relation to the birth or still-birth of a child to an unmarried opposite-sex couple but there were no corresponding changes in relation to the birth or still-birth of a child to a same-sex female couple who were not in a civil partnership with each other, because that possibility did not exist when the Act was introduced as a Bill to the Assembly.
22.This has resulted in differences in how births and still-births are registered between same-sex female couples who are not married or in a civil partnership with each other and opposite-sex couples who are not married or in a civil partnership with the mother.
23.As required by the 1976 Order, all births and still-births in Northern Ireland must be registered in any registration office in Northern Ireland within 42 days of the date of the birth/still-birth. Opposite-sex parents, who are not married or in a civil partnership, have a number of options for the registration of the birth or still-birth which are not available to same-sex female parents.
24.An opposite-sex couple who are neither married nor in a civil partnership can attend separately at the registration office to register a birth. However, the same choice is not available to same-sex female couples. If a same-sex female couple wish to carry out a joint registration of a birth (which includes the mother and second female parent’s details) they must attend together at the registration office.
25.A father, who is unmarried and not in a civil partnership, can register a still-birth without the mother being present. However, a second female parent who is neither married nor in a civil partnership cannot avail of this option.
26.In the event that a father registers a still-birth in the absence of the mother, the mother is explicitly enabled to change the registration later if she disputes the particulars of the father. However, as the option for the second female parent to register a still-birth without the mother present is not available for same-sex female couples, it follows that it is not possible to re-register that still-birth if the birth mother disputes the recording.
27.Under the provisions of this Act, same-sex female parents will be able to register a birth or still-birth in the same manner as opposite-sex parents. They will be able to attend separately at the registration office to register a birth and a second female parent will be able to register a still-birth on their own with the mother being able to re-register the still-birth if necessary.
Background and Policy Objectives Differences in Registration Processes for Births and Still-Births Between Same-Sex Female Couples and Opposite-Sex Couples