Arrangement

A LAW to amend further the Marriage and Civil Status (Jersey) Law 2001.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

“59A Surname of child

(1)     The father and mother of a child may, on registering or re-registering their child’s birth, pursuant to Article 51, 52, 55, 56, 57, or 58, choose the name to be registered as the child’s surname.

(2)     In the case of a child whose father and mother were not married to each other at the time of the child’s birth, and who has not been legitimated by their subsequent marriage, a surname shall not be registered or re-registered pursuant to paragraph (1) unless, at the time paragraph (3) is complied with, the father is, or is being, recorded in the register, pursuant to Article 55 or 56, as the father of the child.

(3)     The choice of the father and mother under paragraph (1) shall be evidenced by –

(a)     their joint request for registration or, as the case may be, re-registration; or

(b)     where only one of them registers or, as the case may be, re-registers the birth –

(i)      the request of the person registering or re-registering the birth, and

(ii)      the production of a declaration made by the other of them stating his or her choice.

(4)     Where the father and mother of a child do not, in accordance with paragraphs (1) to (3), jointly choose a surname for the child, the surname registered or, as the case may be, re-registered for the child under this Law shall be –

(a)     if the father and mother of a child were married to each other at the time of the child’s birth, or the birth is re-registered under Article 57, the father’s surname;

(b)     if the father and mother of a child were not married to each other at the time of the child’s birth and have not subsequently married, the mother’s maiden surname.

(5)     Schedule 2A shall have effect to enable an application for re-registration to be made in respect of the surname of a child who is not of full age and whose birth was first registered before this Article came into force.”.

“SCHEDULE 2A

(Article 59A(5))

RE-REGISTRATION OF SURNAME OF CHILD

1        Application of Schedule 2A

This Schedule applies in the case of a child who is not of full age and whose birth was first registered before Article 59A came into force.

2        Re-registration of surname

(1)     The registrar shall, upon payment of the prescribed fee, re-register the child’s birth, so as to record the name chosen as the surname for the child by both the father and mother, where the choice of the father and mother of a child is evidenced by –

(a)     their joint request for re-registration; or

(b)     where only one of them re-registers the birth –

(i)      the request of the person registering the birth, and

(ii)      the production of a declaration made by the other of them stating his or her choice.

(2)     On the re-registration of a birth so as to record the surname chosen by the father and mother, in addition to the requirements of Article 72, the register of births shall be signed by the registrar.

(3)     In the case of a child whose father and mother were not married to each other at the time of the child’s birth and who has not been legitimated by their subsequent marriage, a surname shall not be re-registered under this paragraph unless the father is recorded in the register, pursuant to Article 55 or 56, as the father of the child.

(4)     Where either the father or mother of the child is deceased –

(a)     any reference in this paragraph (apart from sub-paragraph (3)) to the father and mother shall be construed as a reference to the survivor of them; and

(b)     the evidence required for the purposes of sub-paragraph (1)(b) shall be the request of the survivor of them for re-registration.”.