This information applies to Scotland
Registering a birth
In Scotland every birth must be registered within 21 days of the birth.
This applies even if the baby is stillborn or only lives for a short time. The doctor or midwife attending the delivery must issue a medical certificate of stillbirth and this certificate is used to register the birth.
There is no fee for registering a birth. However, there are fees for getting copies of a birth certificate.
Where to register a birth
A birth can be registered with the Registrar of Births and Deaths anywhere in Scotland. The address of the local Registrar is in the telephone directory.
If the birth takes place when the mother is at sea or in an aircraft the administrative officer on the vessel or craft must record the details and send them to the National Records of Scotland.
Who can register a birth
Opposite sex partners
If the natural parents of the child are married, either the mother or the father can provide the information to the Registrar who will register the birth.
If the natural parents are not married:-
- the mother can provide the information to the Registrar even when she is under 16, or
- the father can provide the information but only if he has the agreement of the mother. She must give this agreement by signing a declaration (Form DPM) and the father must sign a declaration (Form 27). From 4 May 2006, if an unmarried father jointly registers the birth of his child with the child's mother he will automatically acquire parental responsibilities and rights towards the child.
Same sex partners
From 1 September 2009, if a woman has a child by donor insemination or fertility treatment, was in a civil partnership or marriage at the time of the treatment, and her civil partner or spouse is the child’s legal parent, either woman can register the birth on her own. If the women were not civil partners or married, the natural mother can register the birth alone, but her female partner can only register it in certain circumstances. If the mother and her female partner are not civil partners or married but the natural mother’s cohabiting partner registers the child’s birth jointly with the mother, this will ensure that she has full parental responsibilities and rights towards the child.
Provision of information - all partners
If neither the natural mother nor the natural father or, in the case of a same-sex female couple from 1 September 2009, the natural mother or her partner, can provide information to the Registrar, any of the following people can provide the information:-
- someone living in the house where the child was born
- any person present at the birth
- a relative of either parent who has knowledge of the birth
- any person responsible for the child.
What information is required to register a birth
The following details must be entered on the register:-
- the date, time and place of the birth
- the child’s name
- the child’s sex
- the natural mother’s full name. This must include her birth name or maiden name if she uses a different married name
- the natural mother’s normal place of residence
- the natural mother’s occupation (or last occupation)
- if the natural parents are married, the father’s full name and occupation (or last occupation). If the parents are not married the father’s full name and occupation are required if the father’s name is on the birth certificate
- if the natural parents are married, the date and place of the marriage
- if the natural mother is in a civil partnership or marriage, or the female partner of a mother who is not in a civil partnership is to be registered as the second mother, her full name and occupation (or last occupation).
Information that is required but does not go on the register
Other details are required for statistical reasons, but do not appear on the register. These details relate to the natural mother’s marital status, whether or not she has other children and where and when she was born. Other details about the natural father’s date and place of birth will only be needed if the parents are married or his name is on the birth certificate. If the mother is in a civil partnership or marriage, or the female partner of a natural mother who is not in a civil partnership is to be registered as the second mother, her date and place of birth will be required.
Although providing proof of the details given to the registrar is not necessary it may be useful to take along any relevant birth certificates and marriage, civil partnership or divorce certificates to make sure the details are correct. It is an offence to give false information to the registrar.
Choosing the child’s name
Who can choose a child’s name depends on whether one or both parents have parental responsibilities and rights towards the child.
A married couple or civil partners will have to agree on the choice of name for the child because each has an equal right to choose a name for the child. They will have to agree the child’s first name and surname. The child of a married couple of opposite sex does not have to have the father’s surname.
If only the mother has parental responsibilities and rights towards the child then only she has the right to choose the child’s names. She can call the child whatever she wishes. This means that in an opposite sex couple, the mother can give the child the father’s surname if she chooses even if they are not married. Choosing the father's name for the child is not the same as registering him as the father of the child.
Naming the father on a birth certificate
If the natural parents are married both have to have their names registered.
If the natural parents are not married the following points are important:-
- the natural mother does not have to give details of the father on the birth certificate. She can leave that part of the form blank
- the natural father cannot register his name unless the mother agrees
- when both the natural mother and father agree to the father’s name being registered they can go to the office together. However, if only one of the parents goes to the registrar’s office s/he has to have a document called a declaration, signed by the other parent, to prove that each agrees to the father’s name being added. There are special forms available at the Registrar’s office to make the declaration
- the natural mother can register the father as being the father if she has a court order declaring that he is the father.
From 4 May 2006, an unmarried father who jointly registers the birth of his child with the child’s mother will automatically acquire full parental responsibilities and rights towards the child and he will share these with the child’s mother. An unmarried father who jointly registered the birth of his child before that date will not suddenly acquire these rights. He would have to enter into a parental responsibilities agreement with the child’s mother or go to court to acquire these rights and responsibilities.
Registering a father on a child's birth certificate may also have the following effects:-
- the Child Maintenance Service or the courts could use the certificate as evidence of paternity for maintenance proceedings
- the courts could use the certificate as evidence of adultery
- the father could use the certificate as evidence if he wants to apply to the courts for parental rights and responsibilities
- the certificate gives very strong evidence that he is the father because his name can only be added if both the mother and father agree that he is the father or a court order states that he is
- the child will have information about who both parents are.
You can find information on joint birth registration in a leaflet called 'Joint birth registration involving both parents' produced by the Scottish Government on their website at www.gov.scot.
Making changes to a birth certificate
Changing the child’s name
A child’s forename may be changed once before they are two years old by applying to the Registrar General to record the change. The original name will be removed from the certificate. The registrar will help you to do this and explain which people can apply to change the child’s name. You can contact the Registrar General a the National Records of Scotland.
Once a child is over two years old their birth certificate can be amended to show a new surname. The original name will also remain on the birth certificate. However, a child’s surname can be re-registered before the age of two if the father’s name is added to the birth certificate (see below).
Adding the father’s name
The father’s name can be added to the birth certificate at a date after the original registration. The Registrar will help you to do this but only if there is evidence that the father is the father, for example, a signed declaration by the mother. From 4 May 2006, an unmarried father who jointly re-registers the birth of his child with the child's mother, in order to add his name to the certificate, will automatically acquire full parental responsibilities and rights.
Removing the father's name
The father's name cannot be removed from a child's birth entry if he is the biological father of the child. A father's name can only be removed from a child's birth entry if it has been established in court that he is not the biological father of the child.
Same-sex female couples and the mother’s partner’s name
When a child’s mother and her female partner are civil partners or married, the mother conceived the child by donor insemination or fertility treatment on or after 6 April 2009, and the mother’s civil partner or spouse is the child’s legal parent, both the mother and her civil partner or spouse’s names must be included on the birth certificate.
However if the child’s mother and her female partner are not civil partners or married and the female partner’s name was not originally entered on the register but the mother conceived the child by donor insemination or fertility treatment on or after 6 April 2009, and the mother’s partner is the child’s legal parent, the mother and her female partner can re-register the birth to include the female partner’s name. This will mean that the partner gains full parental responsibilities and rights towards the child.
Correcting mistakes on a birth certificate
If a mistake has been made on the original birth certificate, the parent(s) can apply to have it corrected by contacting the Registrar General. The Registrar General will need evidence that a mistake has been made, and proof of the corrected information.
It is an offence to give false information when registering a birth. However, the Registrar General would not necessarily take action against someone who made a genuine mistake when registering a birth.
What to do if a birth has not been registered
A birth that has not been registered, within 3 months of its occurrence, requires the written authority of the Registrar General before it can be registered. The Registrar General will investigate the matter. If the birth was recent this may be cleared quite quickly but if the birth took place years before they may require a ‘qualified informant’, that is, someone alive at the time of the birth who can give information as a witness.
If a birth certificate is needed urgently, for example, to apply for a passport or as proof for a claim for a social security benefit it may be possible to use other sources of evidence, for example, a school record or a baptismal certificate to speed up the process.
Transgender people and birth certificates
If you are a transgender person and have obtained legal recognition of your acquired gender, and your birth was registered in the UK, then you will be able to obtain a new birth certificate. The new birth certificate will be the same as the original birth certificate apart from the fact that it will show a different gender, and usually, a different name. It will not disclose that you have changed gender.
You will still be able to obtain copies of your original birth certificate. There's more information about gender recognition on the National Records of Scotland website.
Getting copies of a birth certificate
You can get a copy of a birth certificate either from the registrar’s office where the birth was registered or from the National Records of Scotland. If the birth took place before 1910 or you don’t know where it was originally registered you will have to contact the National Records of Scotland.
There are fees for copies of certificates and for searching the registers. A full list of fees can be obtained from the National Records of Scotland.
England and Wales
If the birth took place and was registered in England or Wales, see GOV.UK for details about how to get a copy of the certificate.
If the birth took place and was registered in Northern Ireland, see www.nidirect.gov.uk
Getting copies of birth certificates from abroad
If you were born abroad, the birth may also have been registered in the UK. If so, a copy of the certificate can be obtained in the usual way – see above.
If the birth has not been registered in the UK, you may be able to get a copy of the birth certificate from the country where you were born. This can be done by contacting the relevant embassy in the UK.