Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694573420265.pdf (Antigua and Barbuda)
ANTIGUA AND BARBUDA CIVIL REGISTRATION (VITAL STATISTICS) BILL, 2020 No.

of 2020 Civil Registration (Vital Statistics) Bill, 2020 3 No.

of 2020 No.

of 2020 4 Civil Registration (Vital Statistics) Bill, 2020 ANTIGUA AND BARBUDA CIVIL REGISTRATION (VITAL STATISTICS) BILL, 2020 ARRANGEMENT OF CLAUSES CLAUSES PART I PRELIMINARY 1.

2.

3.
2.

3.

Short title and commencement ................................................................................................. 8 Interpretation ............................................................................................................................ 8 Purposes of the Act ................................................................................................................ 10 4.
Application of the Act ............................................................................................................ 10 5.

Registration generally ............................................................................................................ 10 6.

Appointment of Registrar ....................................................................................................... 11 7.
Transfer of records relating to vital statistics ......................................................................... 11 8.

Duty to maintain register ........................................................................................................ 11 9.

Register books not in use to be properly kept ........................................................................ 12 PART III VITAL STATISTICS REGISTRATION 10.
Administrative fundamentals ................................................................................................. 12 11.

Notification of births and stillbirths ....................................................................................... 12 12.

Particulars of notification of Births and stillbirths ................................................................. 13 13.
Registration of births .............................................................................................................. 14 14.

Registration of child born to unmarried parents ..................................................................... 15 Civil Registration (Vital Statistics) Bill, 2020 5 No.

of 2020 15.

Re-registration to include particulars of father....................................................................... 15 16.
Late registration ..................................................................................................................... 16 17.

Finding of an abandoned child ............................................................................................... 17 18.

Registration of an abandoned child ........................................................................................ 17 19.
Name of child ......................................................................................................................... 18 20.

Baptismal names .................................................................................................................... 19 PART IV REGISTRATION OF ADOPTIONS 21.

Registration of adoption ......................................................................................................... 19 22.
Privacy of adoption records ................................................................................................... 20 PART V CHANGE OF NAMES 23.

Application to change name ................................................................................................... 21 24.

Application to Registrar for change of child’s name ............................................................. 21 25.
Hearing of application ............................................................................................................ 22 26.

Registration of change of name .............................................................................................. 22 27.

Entries to be made on register ................................................................................................ 22 28.
Change of name by repute or usage ....................................................................................... 22 29.

Deed poll ................................................................................................................................ 22 PART VI REGISTRATION OF DEATHS 30.

Obligation to notify and register death ................................................................................... 23 31.
Coroner to communicate with Registrar after inquest ............................................................ 24 32.

Requirement for certificate prior to interment ....................................................................... 24 No.

of 2020 6 Civil Registration (Vital Statistics) Bill, 2020 PART VII INTERMENT OF THE DEAD AND RELATED MATTERS 33.

Registration of death prior to removal of body from the State ............................................... 25 34.
Grant of permissive warrant to bury ...................................................................................... 25 35.

Notification of deaths in certain circumstances ..................................................................... 25 36.

Registration of death after six months .................................................................................... 25 37.
Issue of forms to medical practitioners .................................................................................. 25 38.

Register of Marriages and Register of Divorces .................................................................... 26 39.

Registration of marriages ....................................................................................................... 26 40.
Late registration of marriage .................................................................................................. 27 PART VIII REGISTRATION OF MARRIAGES AND DIVORCES 41.

Marriage certificates .............................................................................................................. 27 42.

Registration of Divorces ........................................................................................................ 27 43.
Neglect or refusal to issue certificate by medical practitioner ............................................... 28 PART IX OFFENCES AND PENALTIES 44.

Failure to register birth, death, marriage, divorce, adoption or change of name .................... 28 45.

Unlawful access to the register .............................................................................................. 28 46.
Wilful destruction, counterfeiting or forging of record .......................................................... 28 47.

Penalty for false statement ..................................................................................................... 29 48.

Recovery of penalties and service of summons ..................................................................... 29 49.
Penalty excluded in certain cases ........................................................................................... 30 50.

Imposition of criminal penalties by Magistrate ...................................................................... 30 Civil Registration (Vital Statistics) Bill, 2020 7 No.

of 2020 51.

Forms ..................................................................................................................................... 30 PART X MISCELLANEOUS 52.
Index and searches ................................................................................................................. 31 53.

Certificate of Non-Marriage ................................................................................................... 31 54.

Correction of errors in registration ......................................................................................... 32 55.
Fee suspension period ............................................................................................................ 32 56.

Rules and regulations ............................................................................................................. 33 57.

Amendment of certain enactments ......................................................................................... 33 58.
Repeal and savings ................................................................................................................. 33 No.

of 2020 8 Civil Registration (Vital Statistics) Bill, 2020 ANTIGUA AND BARBUDA CIVIL REGISTRATION (VITAL STATISTICS) BILL, 2020 NO.

OF 2020 AN ACT to make provision for the registration of vital statistics respecting births, deaths, marriages, divorces, adoptions and change of names and for other connected purposes.
ENACTED by the Parliament of Antigua and Barbuda as follows: PART I PRELIMINARY 1.

Short title and commencement (1) This Act may be cited as the Civil Registration (Vital Statistics)) Act, 2019.

(2) The provisions of this Act shall have effect as of the 2nd day of January 2020.

2.
Interpretation For the purpose of this Act- “birth” means the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, of a foetus in which, after such expulsion or extraction, there is breathing, beating of the heart, pulsation of the umbilical cord, or unmistakable movement of voluntary muscle, whether or not the umbilical cord has been cut or the placenta is attached; “civil penalty” means a sum of money payable to the Registrar, Civil Registry by a person who fails to perform a mandatory administrative duty or obligation under this Act; “Civil Registry” means the office responsible for civil registration as established under the Civil Registry Act 2019; “coroner” means a person duly so appointed and required by law to confirm and certify a death, and where the circumstances of a death so requires, to conduct an inquest into the matter as to the cause of such death; “Data” includes representations of facts, information or concepts that are being prepared or have been prepared in a form suitable for use in an electronic system including electronic program, text, images, sound, video and information within a database or electronic system; Civil Registration (Vital Statistics) Bill, 2020 9 No.
of 2020 “death” means the permanent disappearance of all evidence of life in a person at any time after the person’s birth; “Form” means one of the relevant documents set out in Schedule II; “index” means a physical index related to register or electronic identifiers together with search criteria and search routines; “Informant” means a person under duty to give information about the happening of a life event under this Act; “life event” or “vital event” means any event related to a live birth, death, stillbirth, marriage, divorce, adoption, legitimization, recognition of parenthood, annulment of marriage, legal separation or the changing of a name related to a natural person; “Medical facility” means a hospital, clinic or any other like facility; “Minister” means the Minister responsible for Legal Affairs; “prescribed fee” means a fee set out in Part I and Part II of Schedule III; “Registrar” means the Registrar of the Civil Registry; “register” means – (a) an entry on the electronic register or the physical register; or (b) the book or media file used for the recording and storage of information regarding the life event of a person; “relevant enactment” means one or more of the statutes listed in Schedule I; “State” means the State of Antigua and Barbuda; “Stillbirth” means the complete expulsion or extraction from its mother after at least twenty weeks pregnancy, or after attaining a weight of five hundred grams or more, of a foetus in which, after such expulsion or extraction, there is no breathing, beating of the heart, pulsation of the umbilical cord or unmistakable movement of voluntary muscle.
“vital statistics” means data relevant to or as a consequence of the activities or any life event relating to persons under a relevant enactment.

No.

of 2020 10 Civil Registration (Vital Statistics) Bill, 2020 3.
Purposes of the Act The purposes of the Act are to provide for- (a) the registration of births, deaths, marriages, divorces, nullities of marriages, changes of name and adoptions; (b) the recording and preserving of information concerning births, deaths, marriages, divorces, nullities of marriages, changes of names and adoptions; (c) the creation of an electronic system which records life events of births, deaths, marriages, divorces, adoptions and change of names; (d) limited access to the vital statistics contained in the register or the database and, in appropriate cases by private and public agencies, by members of the public, from within and outside of the State; and (e) the collection and dissemination of vital statistics for the purpose of managing and recording human development indices and other indices.
4.

Application of the Act This Act applies to vital statistics generated under this Act or under a relevant enactment.

PART II ADMINISTRATIVE FUNDAMENTALS 5.

Registration generally (1) After the commencement of this Act, notification and registration of the vital statistics concerning every person in Antigua and Barbuda shall be carried out at the Civil Registry.
(2) Notwithstanding subsection (1), a person who resides outside of Antigua and Barbuda but who – (a) is a citizen of Antigua and Barbuda; (b) was resident in Antigua and Barbuda and who celebrated any life event while being so resident; or (c) is a relative of a person within the meaning of paragraphs (a) or (b); may apply to the Registrar for the registration at the Civil Registry of a life event celebrated by a person within the meaning of (a) or (b).
(3) A person who resides outside of Antigua and Barbuda and who desires to register a life event in accordance with subsection (2) shall provide the Registrar with the original certificate or a Civil Registration (Vital Statistics) Bill, 2020 11 No.

of 2020 certified copy of the original certificate or court order issued in relation to the life event that he or she is seeking to register.
(4) The documents referred to in subsection (3) – (a) may be hand delivered to the Registrar, or sent by registered post or express post to the Registrar, Civil Registry, St. John’s, Antigua and Barbuda; and (b) must be accompanied by the appropriate registration fee.

Registration generally.

6.

Appointment of Registrar (1) The Registrar of the Civil Registry appointed in accordance with the Civil Registry Act 2019 is the Registrar for the purposes of this Act.
(2) Any reference to Registrar General in any relevant enactment is deemed to be a reference to the Registrar of the Civil Registry.

7.
7.

Transfer of records relating to vital statistics The Registrar of the High Court shall cause all registers, certificates, records, court orders and the like, pertaining to births, deaths, marriages, divorces, nullities of marriages and adoptions, and all deed polls filed at the High Court Registry to be delivered to the Registrar, on such date that may be agreed after the commencement of this Act.

8.
8.

Duty to maintain register (1) It shall be the duty of the Registrar to maintain the following registers – (a) Register of Births; (b) Register of Adoptions including foreign adoptions; (c) Register of Deaths; (d) Register of Marriages; (e) Register of Nullities (f) Register of Divorces; and such other Registers as may be specified, from time to time by any enactment.
(2) A register shall be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry.

(3) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and certified to be a true copy by the Registrar or a person authorised to act on behalf of the Registrar.

No.
No.

of 2020 12 Civil Registration (Vital Statistics) Bill, 2020 9.

Register books not in use to be properly kept All register books not in use shall – (a) be reproduced into digital format; and (b) be kept by the Registrar in such safe place as to maintain the integrity of the physical books/record for an indefinite period.

10.
10.

Administrative fundamentals (1) No person shall enter any data on the register unless it is obtained from an appropriate document filed in support of an application for registration.

(2) A document to be used in support of the registration of a life event must be an original or a certified copy of the original, unless a relevant enactment provides otherwise.
(3) No person shall make any amendment to any entry on the register unless the amendment is made in accordance with the relevant provisions of this Act, a relevant enactment or pursuant to an order of a court of competent jurisdiction.
(4) No member of staff of the Civil Registry or other person having access to the data or other information contained in the register shall accept any fee, payment or other gift from any person in connection with the provision or disclosure of any information on the register unless it is a lawful fee relating to a transaction in the Civil Registry and accepted by the staff member assigned to accept fees and other payments; (5) No person having access to the data or information on the register shall share such access with an unauthorized person; PART III REGISTRATION OF BIRTHS, STILLBIRTHS AND ABANDONED CHIILDREN 11.
Notification of births and stillbirths (1) In this Part, “the register” means, as the context requires, the register of births or the register of stillbirths and cognate words shall be construed accordingly.

(2) Each medical practitioner, nurse practitioner or midwife who attends at a birth must give notice of the birth.
(3) If the birth occurs at a hospital or other medical facility, the person having control or management of the facility or a person having responsibility to record and submit the information Civil Registration (Vital Statistics) Bill, 2020 13 No.

of 2020 on behalf of the person having control or management of the facility shall give notice of the birth to the Registrar.
(4) If the birth occurs in circumstances where subsection (2) and (3) do not apply, then the father and mother, or in the case of the death, illness, absence or inability of the father or mother – (a) the head of the family or of the household in which the child was born; (b) an occupier of the apartment or the dwelling in which the child was born; or (c) a person who resides in or was present at the time and place where the child was born, shall give notice of the birth to the Registrar.
(5) The person in charge of the jail, poor house, infirmary, psychiatric hospital, or other public or charitable institution are hereby deemed to be the occupier thereof for the purposes of subsection (4)(b).

(6) The notice of the birth shall be given to the Registrar within thirty days after the birth of the child whether the child was born alive or was stillborn.
(7) If a pregnancy resulted in the birth of more than one child, a separate notification must be given for each child and each statement must state the number of children born and the birth order of the child that is the subject of that particular notification.

(8) A person who is required to give notice of a birth or a stillbirth and who fails or refuses to give notice of a birth or stillbirth as required under this section commits an offence.

12.
Particulars of notification of Births and stillbirths (1) Notification of a live birth must be made in Form A1 and must state the following particulars: (a) the day, month and year of the birth of the child; (b) the sex of the child; (c) the name of the child, if any; (d) the names, date of births, address and profession of the father and of the mother of the child; and (e) the nationality of the father and of the mother; (f) the marital status of the mother; (2) Notification of stillbirths must be made in Form A2 and must contain, in adition to the particulars referred to in subsection (1), the following additional particulars: (a) the weight of the foetus No.
of 2020 14 Civil Registration (Vital Statistics) Bill, 2020 (b) the gestational age of the foetus (c) the number of this particular pregnancy for the mother; and (d) the name of the certifying medical practitioner.

13.

Registration of births (1) The registration of the birth of a child born at any place within Antigua and Barbuda shall be done within six months of the birth of that child.
(2) A statement containing the information required by the Registrar shall be completed by the following individuals and delivered to the Registrar – (a) both the mother and the father of the child; (b) the child’s mother if the father is incapable, deceased or unacknowledged by or unknown by the mother; (c) the child’s father if the mother is incapable or deceased; or (d) a person having lawful custody of the child if both parents are incapable or deceased.
(3) If none of the persons referred to in subsection (2) delivers a statement to the Registrar, within the period specified in subsection (1), the Registrar shall, by any means of communication, summons the mother, father or person having lawful custody of the child, to attend before the Registrar and at such time and place specified in the summons.
(4) If none of the persons referred to in subsection (2) appear in answer to the summons issued under subsection (3), or cannot be found after all reasonable efforts have been made, the Registrar may register the birth using the information provided in the notification.
(5) The person providing the statement to the Registrar under subsection (2) shall make a statutory declaration, as required by the Registrar and shall state that the particulars provided of the birth are true according to his or her best knowledge and belief.

(6) The Registerar shall issue a certificate of birth in Form A3.

(7) Registrar may issue a certificate of stillbirth upon the request of the father or the mother in Form A4.
(8) A person who registers or causes to be registered a birth after the time specified in subsection (1), is liable to pay a civil penalty pursuant to section 44.

(9) A person who fails or refuses to appear in answer to a summons issued under subsection (3) is liable to pay a civil penalty pursuant to section 44.

Civil Registration (Vital Statistics) Bill, 2020 15 No.

of 2020 14.
Registration of child born to unmarried parents (1) The Registrar shall not enter the name of any man as the father of a child born to unmarried parents unless the following is submitted to the Registrar – (a) a joint application by the mother and father of the child in Form C1 for the father’s name to be entered on the register; (b) an application made by the mother to have the name of the father registered, supported by a declaration by the man acknowledging himself to be the father of the child; or (c) an application by the man acknowledging himself to be the father in the case where the mother cannot be found or is dead, supported by a declaration made by him and an approved DNA test result or the statutory declaration of two credible persons having knowledge of the truth of the birth.
(2) If the birth of a child born to unmarried parents has been registered and no man has been entered on the register as the father of the child, the Registrar may, if the application is made within six months of the birth of the child, reregister the birth to add the name of a man as the father – (a) at the joint request in Form C1 of the mother and of the man acknowledging himself to be the father; or (b) at the request of the mother only on production of a declaration in Form C2 and supported by a declaration in Form C3 made by the man acknowledging himself to be the father of the child or an approved DNA result.
(c) at the request of the man acknowledging himself to be the father on production of an approved DNA result and a declaration made by the mother acknowledging that the man is the father.

15.
Re-registration to include particulars of father (1) At any time after a period of six months has elapsed since the birth of a child whose father’s name is not entered on the register, the Registrar shall authorise the entry of the name and particulars of the father if the Registrar is satisfied that – (a) a paternity order in respect of the child has been made by the High Court, or that a judgement of paternity has been made by a Magistrate’s Court; or (b) the child’s parents were subsequently married to each other.
(2) Where no person has been registered as the father of a child born to a man and a woman who were not married to each other, but the mother of the child was married at the time of the child’s birth or at any time during a period of ten (10) months immediately before the birth of the No.
of 2020 16 Civil Registration (Vital Statistics) Bill, 2020 child, the Registrar shall not enter the name of a person who was not married to the mother during the aforesaid period as the father of the child except the woman produces – (a) an affidavit sworn by the mother that she has been living separate and apart from the person who is or was her husband for a period of at least ten (10) months immediately before the birth of the child; or (b) that she had a relationship with another man who has fathered the child; and (c) an affidavit sworn by the man acknowledging himself to be the father that he is the father of the child; or (d) an affidavit sworn by the person to whom the mother was married at the date of the birth of the child or at any time during a period of ten months immediately before the birth of the child that he is not the father of the child; and (e) an approve DNA result naming the person who is the father of the child.
(3) Where no person has been registered as the father of a child and both the mother of the child and the alleged father of the child are deceased, a relative of the child may apply to the Registrar to have the name and particulars of the father entered on the register.
(4) The Registrar may approve the application in subsection (3) if the application is supported by – (a) an affidavit given by the applicant staing his or her relationship to the child and the facts of the birth of the child; and (b) the baptismal certificate for the child naming the person whose name is to be registered as father, provided that the baptism was done within the first six (6) months of the child’s birth; or (c) any other evidence proving paternity.
(5) For the purpose of this section – “relative” means the grandmother, grandfather, aunt, uncle or an older sister or brother of the child.

16.

Late registration (1) In this section, “late registration” refers to the registration of a birth after the time specified by section 13 (1).

(2) If after six months of the birth of a child the birth is not registered, an application shall be made to the Registrar for late registration of the birth of the child.
(3) The Registrar shall register the birth – (a) if the person making the application qualifies as an informant; Civil Registration (Vital Statistics) Bill, 2020 17 No.

of 2020 (b) the information respecting the birth and the reason for the late registration is verified by an affidavit; (c) the particulars required under section 12 or 13 are provided to the Registrar; and (d) the Registrar is satisfied as to the truth and sufficiency of the information and other matters stated in the affidavit.
(4) If the application does not satisfy the requirements of subsection (3), the Registrar may require the applicant to apply to the High Court for an Order for registration of birth.

(5) The Registrar shall register the birth upon receipt of the Order in the terms thereof and shall specifically note on the register that the registration was done pursuant to an Order of court.

17.
Finding of an abandoned child (1) Where a living child is found abandoned, it is the duty of – (a) the person who finds the child to contact the emergency services (‘911’) without delay; (b) the emergency services to contact the police and to immediately convey the child to the nearest medical facility for evaluation; (c) the supervising nurse into whose care the child was delivered to contact the Director of Child Services, without delay, and to inform the Director of the finding of the abandoned child.
(2) The person who finds the child shall, within 7 days of the finding of the child, give to the police and to the Director of Child Services a statement of all the information that he or she has regarding the particulars of the birth of the child.

18.
18.

Registration of an abandoned child (1) If after 30 days of the finding of the abandoned child the Director of Child Services is satisfied that all reasonable effort was made without success to identify the child, the Director shall establish the date of birth of the child and name the child.

(2) The Director of Child Services shall provide the Registrar with evidence on affidavit concerning the finding of the child and requesting that the birth of the child be registered.
(3)The Affidavit shall include the following particulars – (a) the day, month and year the child was found; (b) the date of birth of the child; (c) the sex of the child; No.
of 2020 18 Civil Registration (Vital Statistics) Bill, 2020 (d) the weight of the child when found; (e) the location in which the child was found; (f) the names given to the child; (g) the name, residence and profession of the person who found child (informant) if applicable; (h) the certifying medical practitioner; and (i) any other information arising from a credible source.
(4) Where the date of birth of a child whose birth is required to be registered under this section is not known and a medical practitioner certifies in writing that, in his or her opinion, the birth took place on or about a date specified in the certificate, the Director of Child Services and the Registrar shall regard the date given by the medical practitioner as the date of birth.
(5) The Registrar shall, if satisfied by the information provided, register the birth of the child and issue a certificate of the birth to the Director of Child Services.
(6) If subsequent to the registration of a birth under this section, further information is received by the Registrar affecting the particulars of the birth as registered, or the identity of the child is established to the satisfaction of the Registrar, the Registrar shall, after consultation with the Director of Child Services – (a) add to, or correct, the registration of the birth made under this section; or (b) cancel the registration of birth made under subsection (5) and cause a new registration in accordance with the facts of the birth to be substituted for the former registration.
(7) If a new registration is made under subsection (6) (b) – (a) it must carry the same date as shown on the registration under subsection (5); and (b) it shall be regarded as the only registration of the birth of the child and no certificate of birth in respect of the first registration shall be issued.

19.
Name of child (1) The surname of a child must be registered as follows – (a) if the parents of a child have the same surname, then the child’s surname shall be the parents’ surname; (b) if the parents of a child have different surnames and the father’s name is not entered on the register, then subject to this section, the child’s surname shall be the mother’s surname; (c) if the parents of a child have different surnames and the father’s name is entered on the register in accordance with this Act, then the child’s surname may be the ` Civil Registration (Vital Statistics) Bill, 2020 19 No.
of 2020 (2) If the Registrar considers that the forename or any other name that a person applying for the registration of a birth or an amendment to a registration of birth seeks to give to a child – (a) might reasonably be expected to cause embarrassment to the child or another person; (b) is offensive or against public order; or (c) is sought for an improper purpose, the Registrar must register the birth without the inclusion of the name or refuse to amend the existing name on the birth certificate, as the case may be.
(3) The Registrar must notify the applicant without delay that the name or amendment has been refused and give the reason for the refusal.

(4) A person who is aggrieved by the decision of the Registrar under subsection (2) may appeal the decision of the Registrar to a Judge in Chambers.
(5) On an appeal under subsection (4), the court may consider any evidence it deems relevant and may make an order confirming the decision of the Registrar or directing the Registrar to register or amend the name in the terms of the order.

20.

Baptismal names (1) The baptismal certificate of a child whose birth is registered may be used to amend or re- register the particulars of a child’s birth only in accordance with the provisions of this section.
(2) If a child is baptised within six (6) months of birth, it shall have any name given to it in baptism, and the parent or guardian of the child or other person having lawful custody of the child may within seven days after the day of the baptism, deliver to the Registrar a certificate according to Form B signed by the minister who performed the rite of baptism.
(3) If a child is baptized within six (6) months of birth and at the time of the baptism the father of the child was present and his name was entered thereon, the Registrar may, in addition to the presentation of other evidence, rely on the baptismal certificate as establishing the identity of the father of the child as provided in this Act.

PART IV REGISTRATION OF ADOPTIONS 21.

Registration of adoption (1) In this part – No.


of 2020 20 Civil Registration (Vital Statistics) Bill, 2020 “register” refers to the Register of Adoptions maintained by the Registrar.

(2) The Registrar shall upon receipt of an order of adoption issued pursuant to section 120 of the Children (Care and Adoption) Act 2015 register the adoption in terms of the order.
(3) If a child whose birth was previously registered is adopted, the Registrar shall, at the time of the registration of the adoption, or at anytime thereafter, amend the original registration of birth in accordance with the facts contained in the order.
(4) If a child whose birth was registered is adopted by virtue of an order, judgment or decree of adoption made by a court of competent jurisdiction in another country, the Registrar shall- (a) on receipt of a certified copy of the order, judgment or decree, and (b) on production of evidence to the satisfaction of the Registrar of the identity of the child, register the adoption in the manner referred to in subsection (3).
(5) If a person born outside of the State is adopted by an order of a court of competent jurisdiction within the State, the Registrar may, at the request of the Adoption Committee appointed in accordance with the Children (Care and Adoption) Act, transmit to the registrar or person in charge of the adoption of births in the country where the adopted child was born – (a) a certified copy of the order of adoption; and (b) a copy of the registration of the adoption.
(6) The country of birth of an adopted child shall be entered in the Register of Adoptions provided the Registrar is satisfied with the identity of the child.

(7) If an adoption order is amended, the entry in the Register of Adoptions relating to it shall be amended accordingly.

(8) If an adoption order is set aside, the entry in the Register of Adoptions shall be cancelled.

22.
22.

Privacy of adoption records (1) No person other than the Registrar or a person authorised by the Registrar shall be entitled to search the Register of Adoptions or an index relating to the Register of Adoptions which makes traceable an entry in the register.

(2) No information from the register or an index relating to the register shall be given to any person except by order of the Registrar or of a court of competent jurisdiction.
(3) A court shall not make an order under subsection (1) or (2), or an order for the discovery, inspection, production or copying of any book, document or record pertaining to the register, or of any extract there from, unless it is satisfied that it is in the best interest of any child concerned to do so.

Civil Registration (Vital Statistics) Bill, 2020 21 No.

of 2020 PART V CHANGE OF NAMES 23.


Application to change name (1) An adult person who – (a) was born in the State; (b) has been resident in the State for seven years prior to the application; and (c) has satisfied the requirements of this Part, may submit an application to the Registrar in Form G1.

(2) An application under subsection (1) must be accompanied by evidence of payment of the prescribed fee.

24.
24.

Application to Registrar for change of child’s name (1) The parent or guardian of a child who is – (a) born in the State; or (b) domiciled or ordinarily resident in the State may apply to the Registrar in Form G2 for registration to change ther name of the child.

(2) Where an application is made under this section on behalf of a child who has attained the age of 18 years old, that child must consent to such application.
(3) The application may be made by one parent if – (a) the intended applicant is the sole parent named in the registration of the child’s birth under this Act or any other enactments; or (b) there is proof that the child’s other parent has died.

(4) If the parents of a child are dead or cannot be found, or for some other reason cannot exercise their parental responsibilities over such a child, the child’s guardian may apply for the registration of the child’s change of name.

No.
No.

of 2020 22 Civil Registration (Vital Statistics) Bill, 2020 25.

Hearing of application (1) The Registrar may hear and determine an application depending on the nature and content thereof or may place the application before a Judge in Chambers, notwithstanding anything contained in any enactment.
(2) Where the application has been placed before a Judge, the Registrar shall inform the applicant of the date and time of the hearing of the application and of his or her right to have an Attorney-at-Law present at the hearing.

26.
26.

Registration of change of name (1) If the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed in accordance with this Act, or by order of a court of competent jurisdiction of another State, the Registrar may, upon receiving proof of payment of the prescribe fee, register the change of name if the Registrar considers that it is appropriate so to do.
(2) The Registrar may refuse to register a change of name if, the name to be registered is offensive or against public order or is sought for an improper purpose.

27.

Entries to be made on register (1) The Registrar must register a change of name by making an entry about the change of name on the register including such particulars as the Registrar considers appropriate to register the change of name.
(2) If the birth of the person whose name has been changed is registered under this Act, the Registrar may note the change in the entry relating to birth.

(3) If the birth of the person whose name has been changed is registered under a corresponding law of another jurisdiction, the Registrar may notify the relevant registering authority of the change of name.

28.
28.

Change of name by repute or usage Nothing in this Part prevents a change of name by repute or usage, if it is made after the commencement of this Act.

29.

Deed poll (1) After the commencement of this Act, any change of name purporting to be effected by deed poll shall be of no legal effect.

Civil Registration (Vital Statistics) Bill, 2020 23 No.
of 2020 (2) Deed polls generated in other jurisdictions shall have the same effect as an application for a change of name provided an apostille accompanies the document.

PART VI REGISTRATION OF DEATHS 30.
Obligation to notify and register death (1) Subject to subsection (4), where in any hospital or other medical or care facility, house, apartment dwelling house, villa, hotel or in any other building in which a death occurs- (a) the owner or occupier thereof; (b) the next of kin, the head of the household or of person residing therein; (c) the person ordering or causing the interment of a dead body; or (d) the person in charge of a hospital or other medical facility, shall, within thirty (30) hours after such death, give or cause notification to be given to the Registrar, in Form D1 in which shall be stated the residence and related details of the deceased together with a certificate of the cause of death in Form D2 from a medical practitioner who was in attendance before death and until the death of the deceased.
(2) Subject to subsection (1), where a certificate of the cause of death is received from the medical practitioner, the details shall be entered on the register and the Registrar shall cause to be prepared a death certificate in Form D3.
Where there was no medical practitioner in attendance, a warrant of internment under the hand of the Coroner and the particulars of such a certificate or warrant shall, in each case, be entered on the register and the Registrar shall cause to be prepared a death certificate in Form D3.

(3) Where a dead body is found, the Coroner shall within five (5) days give notice thereof, and of the locality in which the body was found to the Registrar.
(4) Notwithstanding subsection (1), where the cause of death is not known and cannot be determined within sixty days after death, the Registrar shall register the cause of death as pending investigation and the Registrar shall cause to be prepared a death certificate in Form D3.
(5) Notwithstanding anything to the contrary contained in this section, in the case of a stillborn, any medical practitioner may issue a certificate in Form E where it appears to such medical practitioner, from credible information, or otherwise, that no useful purpose would be served by having the Coroner view the body of such a stillbirth.

No.

of 2020 24 Civil Registration (Vital Statistics) Bill, 2020 31.
Coroner to communicate with Registrar after inquest (1) Where an inquest is held on a dead body, the jury shall enquire of the particulars required in this regard to be registered concerning the death.

(2) Where a jury has enquired into a death, the Coroner shall communicate the finding of the jury in writing to the Registrar who must make the appropriate entry on the register.
(3) For the purpose of subsection (2), the Coroner is not required to sign the register as the informant; but the Registrar must state in the entry of such a death that the information was received from the Coroner.

PART VII INTERMENT OF THE DEAD AND RELATED MATTERS 32.
Requirement for certificate prior to interment (1) Subject to this section, no interment of a dead body shall take place unless the death has been previously registered and a certificate issued to that effect by the Registrar in such form as the Registrar determines.
(2) Whenever thirty hours have elapsed from death without such certificate being produced, any ordained minister of religion may inter or cause to be interred the dead body, and shall within thirty hours give notice of such interment to the Registrar.

(3) Such a notice must show the name of the deceased, the place in which he died and the name of the person at whose request or instance the grave was dug or vault opened.
(4) Where the body of a deceased person has been moved into the State for interment (and no order has been given by the Coroner in respect thereof) the Registrar may upon, an application by the person procuring the interment, grant a certificate in Form F, if satisfied that the death is not required by law to be registered in the State, but the details of the death must be entered on the register.
(5) Any person who inters a dead body, except as provided in subsection (1) in respect of which a certificate by a Registrar is required by this section has not been issued, or any ordained minister of religion who fails to give the notices required under subsection (2) shall be liable to a civil penalty of two thousand dollars.

(6) No interment shall be carried out except by an ordained minister of religion.

Civil Registration (Vital Statistics) Bill, 2020 25 No.
of 2020 (7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a fine not exceeding fifteen hundred dollars.

33.

Registration of death prior to removal of body from the State (1) The body of a deceased person whose death is required to be registered under this Act shall not be removed out of the State unless the death of such person has been previously registered, and the Registrar has issued a certificate to that effect.
(2) Any person who contravenes this section is liable to a civil penalty of five thousand dollars.

34.
34.

Grant of permissive warrant to bury (1) Where an inquest is held on a dead body, the jury shall enquire, and in every case in which a Coroner has granted a permissive warrant to bury any dead body without holding an inquest, the Coroner shall ascertain the particulars required by law to be registered concerning the death, and the Coroner must communicate, in writing, the particulars, as ascertained by him to the Registrar who shall cause, the appropriate entries to be made on the register.
(2) The Coroner shall not be required to sign the register as the informant, but the Registrar must state in the entry respecting such death, that the information was received in the approved form from the Coroner.

35.
35.

Notification of deaths in certain circumstances Where the master or keeper of a poor house, psychiatric or general hospital, infirmary or any other public health institution which is required by law to give notice of a death, the person so required shall not be required to sign the entry on register; but the Registrar must make an entry, stating from whom the information was received.

36.
36.

Registration of death after six months The Registrar shall not, except in accordance with the provisions of this section, register the death of any person where the death or finding of the dead body occurred more than six months before the application for registration.

37.

Issue of forms to medical practitioners (1) The Registrar shall, from time to time, furnish, electronically or otherwise, free of cost, to every registered medical practitioner the relevant forms for the purposes of this Act.

No.
No.

of 2020 26 Civil Registration (Vital Statistics) Bill, 2020 (2) The forms so issued must be filled up and delivered, free of cost, by every registered medical practitioner to any person required under this Act to submit such information.

PART VIII REGISTRATION OF MARRIAGES AND DIVORCES 38.

Register of Marriages and Register of Divorces In this Part, “register” refers to the Register of Marriages or the Register of Divorces as the context permits.

39.
39.

Registration of marriages (1) Every marriage solemnized within the State pursuant to the Marriage Act must be registered as provided in this Act and the provisions of the Marriage Act.
(2) Immediately after the solemnization of a marriage, the person authorized by law to solemnize the marriage shall facilitate the recording of the particulars of the marriage in Form C which must be signed by – (a) each of the parties to the marriage; (b) two witnesses to the solemnisation of the marriage; and (c) the person who solemnised the marriage.
(3) Subject to subsection (4), no entry of a marriage shall be made on the Register of Marriages unless the completed Form C has been submitted to the Registrar.
(4) If the Registrar is satisfied that a completed Form C in relation to a duly solemnized marriage has been lost, destroyed or damaged, the Registrar may – (a) direct the appropriate officer to complete another duplicate Form C and arrange, in so far as it is practicable to do so, for its signature by the persons referred to in subsection (2); and (b) on receipt of a completed Form C, enter the particulars of the marriage as specified in Form C in the Register of Marriages in such manner authorised by the Registrar.
(5) A marriage solemnize in the State shall be registered within six (6) months from the date of the marriage.

Civil Registration (Vital Statistics) Bill, 2020 27 No.

of 2020 40.
of 2020 40.

Late registration of marriage The Registrar shall register a marriage after the period of six months from the date of the marriage only if – (a) the application for registration is accompanied by – (i) an Affidavit from the applicant respecting the marriage and the reasons for the the filing; and (ii) such other evidence as may be prescribed by the Registrar.

(b) The Registrar is satisfied as to the truth and sufficiency of the information contained in the Affidavit.

41.
Marriage certificates (1) A certificate of a marriage may be issued by the Registrar, on application in the prescribed form and on payment of the prescribed fee, only to the following persons: (a) either party to the marriage; (b) a person who has written authorization from a person described in paragraph (a) to be issued the certificate; (c) an officer of any government department or statutory body or institution who requires the certificate for use in the discharge of official duties; or (d) any other person who satisfies the Registrar concerning the good faith of the person's cause for requiring the certificate.
(2) The Registrar may issue to any person a certified electronic extract of a registration of marriage on application in the prescribed form and on payment of the prescribed fee.

42.

Registration of Divorces (1) The Registrar of the High Court of Justice shall provide the Registrar with notice, once per month, of all divorces granted by the High Court during the preceding month.
(2) The notice under subsection (1) shall state the following particulars – (a) the year and suit number of the proceedings; (b) the forenames and surnames of the Parties to the divorce proceedings; (c) the date and place of marriage; (d) the name of the Judge that granted the Order; (e) the date that the Order was granted; (f) the time period by which the divorce is to take effect.

No.
No.

of 2020 28 Civil Registration (Vital Statistics) Bill, 2020 (3) The Registrar shall not enter the particulars of any divorce on the Register of Divorces except the Registrar is provided with a copy of the Order granting the Divorce.

(4) The Registrar may amend or cancel or cause to be amended or cancelled any entry in the register upon receiving a notification of the amendment or cancellation from the Registrar of the High Court.

PART IX OFFENCES AND PENALTIES 43.


Neglect or refusal to issue certificate by medical practitioner A medical practitioner who refuses or neglects to furnish a medical certificate for the purposes of this Act after a request is made; or requests a fee for such certificate commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars.

44.
44.

Failure to register birth, death, marriage, divorce, adoption or change of name A person who – (a) fails to register a birth, death, marriage, adoption or change of name in accordance with the provisions of this Act; (b) fails or refuses to appear before the Registrar when summoned; or (c) refuses to give information based on the questions asked by the Registrar or anyone so authorised is liable to pay a civil penalty of five hundred dollars.

45.
45.

Unlawful access to the register Notwithstanding anything contained in any other enactment, a person who unlawfully obtains access to the register, for whatever reason, commits an offence and is liable on summary conviction to a fine not exceeding one million dollars or imprisonment for a term not exceeding 10 years, or both.

46.
46.

Wilful destruction, counterfeiting or forging of record A person who – (a) wilfully destroys or injures or causes to be destroyed or injured any register or any part thereof or any sheet orforms upon which any entry is made under this Act; Civil Registration (Vital Statistics) Bill, 2020 29 No.
of 2020 (b) falsely makes or counterfeits part of such registeror cause to be falsely made or counterfeited part of such register or certified extract thereof or any entry in such sheet or form; (c) wilfully inserts or causes to be inserted in any register or sheet of forms any false entry of any birth or death or wilfully gives any false certificate; (d) certifies any writing to be a copy or extract of any register knowing the same register to be false in any respect; or (e) forges or counterfeits the signature of the Registrar or any other person to an entry or certificate under this Act authorized or required to be made or given, commits an offence and is liable on summary conviction to imprisonment for a term not exceeding five years.
47.
Penalty for false statement Any person who – (a) wilfully makes any false answer to any question put to him or her by the Registrar relating to the particulars required to be registered concerning any birth or death or wilfully gives to the Registrar or a Deputy or Assistant Registrar any false information concerning any birth or death; (b) wilfully swears or makes any false affidavit, certificate or other document relating to the registration of any birth or death, or forges or falsifies any such affidavit, certificate or other document; (c) knowing that any such affidavit, certificate or other document to be forged or false uses the same as true, or gives or sends the same as true to any person; or (d) wilfully makes any false statement with intent to have the same entered in the register, is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months; or on indictment to a term not exceeding 5 years, with or without hard labour.
48.

Recovery of penalties and service of summons (1) All penalties imposed by this Act may be sued for and recovered on behalf of the Crown as a debt owed to the Crown.

No.
No.

of 2020 30 Civil Registration (Vital Statistics) Bill, 2020 (2) Where an information is lodged or complaint made before any Magistrate, the Magistrate may issue a summons requiring the party offending or complained against to appear at time and place named therein, and every such summons shall be served on the party offending or complained against, or shall be left at hislast known place of abode or business, if hecannot reasonably be located.
(3) Where the party to whom subsection (2) applies does not appear, then upon proof of due service of the summons, the Magistrate may hear and determine the case in the absence of the party, or if he appears, upon proof of the offence either by confession of the party offending or complained against, or upon the oath of one or more credible witness, the Magistrate may convict the offender.

(4) A Magistrate, for the purposes of this section, may summon witness he considers necessary for the case.
(5) The Magistrate, may upon such conviction order the offender to pay the penalty imposed, and if the moneys and costs mentioned in such conviction is not paid immediately, or within the time limited in the order, the Magistrate may, by warrant, commit the offender to prison for a term not exceeding six months, unless the money and costs be sooner paid and satisfied.

49.
49.

Penalty excluded in certain cases No penalty imposed by this Act on persons failing to give any notice required by this Act may be exacted in any case wherein it appears that the failure has not been occasioned by wilful neglect, but such failure has been occasioned by unavoidable accident or by circumstances over which the person failing to comply with the provision of this Act had no control, and where he had used every reasonable endeavour towards compliance with such provisions.

50.
50.

Imposition of criminal penalties by Magistrate Notwithstanding anything contained in the Magistrate’s Code of Procedure Act, Cap 255 or any other enactment, a Magistrate has the jurisdiction to apply and impose the penalties set out in this Act.

PART X MISCELLANEOUS 51.

Forms (1) The forms relevant to this Act are prescribed in Schedule II.

Civil Registration (Vital Statistics) Bill, 2020 31 No.
of 2020 (2) The Minister may by Order amend any prescribed Form or prescribe new Forms in relation to any matter in this Act whether or not a Form was previously prescribed.

52.

Index and searches (1) The Registrar shall cause an index of all data stored at the Civil Registry to be prepared and updated one hour prior to the close of business each day or not later than one hour after the opening on the next day of business.
(2) The index so prepared shall be made available to members of the public, so long as the requirements of subsection (3) are satisfied.

(3) Any person on payment of the fee as prescribed in Schedule III is entitled to search the index during the working hours at the Civil Registry and a limited search capability after working hours may be provisioned through suitable means so long as it does not cause harm to personal rights and privacy.
(4) A person to whom subsection (3) applies is entitled to have a copy of the relevant pages or information of the index upon payment of the fee prescribed in Schedule III.

(5) Any page of or extraction from the index to which subsection (4) applies must be dated, stamped and certified by the Registrar.

53.

Certificate of Non-Marriage (1) The Registrar may issue a certificate of non-marriage to an applicant who satisfies the requirements of subsection (2) and pays the prescribed fee.
(2) An applicant must satisfy the Registrar with the following information: (a) the full name, and any former name used as a result of a lawful name change; (b) applicant’s national ID number if known; (c) applicant’s sex; (d) applicant’s date of birth; (e) applicant's place of birth; (f) full name of mother; (g) full name of father; No.

of 2020 32 Civil Registration (Vital Statistics) Bill, 2020 (h) applicant's address (es) for the last 10 years; and (i) reason for the certificate.
(3) Non-nationals and persons who have lived overseas for the last five years must produce a non-marriage certificate or other proof of singleness before marriage can be executed.

(4) A certificate of non-marriage must be in Form J1.

(3) The Registrar shall, in writing, inform an applicant to make corrections of an application within three (3) working days of such decision.

(4) The fees prescribed in Schedule III are payable upon an application under this section.

54.
54.

Correction of errors in registration (1) No alteration may be made to any registration under this Act, except as authorised by this Act.

(2) Any clerical error on the register may be corrected by the Registrar or any person duly authorised in this regard by the Registrar.
(3) An error of fact or substance on the register may be corrected – (a) upon declaration by the applicant, by an entry in the database without an entry on the original entry; or (b) if the Registrar deems it necessary, upon declaration by the applicant, by the making of a further entry with a reference to the original entry by the Registrar or by a person authorized by the Registrar, upon production to the Registrar or such duly authorised person requiring such error to be corrected, as set out in an affidavit setting forth the nature of the error and the true facts of the case, and made by a person required to give information concerning in reference to which the error was made, or in default of such a person then by two credible persons having knowledge of the truth of the case.
55.

Fee suspension period (1) The Cabinet may, for the purpose of the accuracy and up-to-date status of vital statistics, declare a suspension period during which no prescribed or other fees shall be payable at Civil Registration (Vital Statistics) Bill, 2020 33 No.

of 2020 the Civil Registry by persons seeking to make or who desire to make corrections, rectification of information or updating vital statistics in which they have a real and substantial connection.
(2) During a suspension period the Registrar may, for the purpose of ensuring completeness and accuracy of the register, invite persons ordinarily resident in the State to come to the Civil Registry in order to update or make amendments to records or to supply original documents.

(3) For the avoidance of doubt, no prescribed or other fee shall be payable during the suspension period by a person to whom subsection (1) applies.
(4) For the purposes of this section "real and substantial connection" means a connection by blood or by law.

56.

Rules and regulations The Minister may make rules or regulations for the purpose of giving effect to the provisions of this Act.

57.

Amendment of certain enactments The enactments contained in Schedule IV, being the Children (Care and Adoption) Act, 2015 and the Marriage Act, Cap.

261 are amendment to the extent specified.

58.


Repeal and savings (1) The Births and Death (Registration) Act, Cap.

53 is repealed.

(2) The vital statistics generated at the High Court Registry under the Births and Death (Registration) Act, Cap.

53 are hereby saved and hereby deemed to constitute a portion of the data for the Civil Registry.

SCHEDULE I (Section 2) The relevant enactments are: 1.

Children (Care and Adoption) Act, 2015 2.

Births and Deaths Registration Act, Cap.53 3.


Divorce Act, 1997 6.

Registration and Records Act, Cap.

375 No.

of 2020 34 Civil Registration (Vital Statistics) Bill, 2020 7.

Marriage Act, Cap.261, Marriage Amendment Act of 1993 and of 1994?

8.

Status of Children Act, 2015 9.

The Coroners Act, Cap.105 Civil Registration (Vital Statistics) Bill, 2020 35 No.

of 2020 SCHEDULE II (Sections 4) FORMS TO BE USED FOR THE PURPOSESOF THIS ACT No.
of 2020 36 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 37 No.

of 2020 No.

of 2020 38 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 39 No.

of 2020 No.

of 2020 40 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 41 No.

of 2020 No.

of 2020 42 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 43 No.
of 2020 CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM C1 (Sections 17(1)(a)) JOINT DECLARATION BY MOTHER WITHIN SIX MONTHS OF BIRTH RECOGNISING MAN ACKNOWLEDGING HIMSELF TO BE THE FATHER OF A CHILD BORN OUT OF WEDLOCK No.

We,……………………………………………………………of ……………………….

………………….…............................................................................................................ and …………………………………………………………of ………………………….. ………………….…..............................………………………………………………….. on this …….
day of ……………… 20….

hereby declare that we are the father and mother, respectively, of…………………………………………………………………… …………………………………………………………………………………………….. born on the day of ………………………………………………………………………… at 3.

We hereby further make application to have our said names entered on the register as the father and mother of the said …………………………………………………………… ……………………………………………………………………………………………… 4.
We do hereby swear that the matters stated in the application are true and correct to the best of our knowledge and belief.

………………………………….

Applicant No.

of 2020 44 Civil Registration (Vital Statistics) Bill, 2020 ………………………………….

Applicant ………………………………… Notary or Commissioner of Oaths CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM C2 (Sections 17(1)(c)) Civil Registration (Vital Statistics) Bill, 2020 45 No.
of 2020 DECLARATION OF UNMARRIED MOTHER FOR THE PURPOSE OF REGISTERING THE PATERNITY OF HER CHILD No.

I, .......................................................................................................................... .......... of …………………………………………………………………………………….............. With a profession of………………………………………………… at the time of birth hereby declare as follows: 1.

On the………………………… day of………………………., 20……….., I gave birth to a girl/boy child with a given name of …………………………………………….

2.
2.

It is my honest belief that ........................................................................................... of ……………………………………………………………………………………………... With a profession of …………………………………….is the father of my child which he has admitted on several occasions to me.

3.I hereby further make application to have his name entered on the register as the father.

4.

I do hereby swear/affirm that the matters stated in the application are true and correct to the best of our knowledge and belief.
DECLARED this .........................day of................................................................20......... ............................................................................... Declarant Before me......................................................................................... Notary/Commissioner of Oat hs No.
of 2020 46 Civil Registration (Vital Statistics) Bill, 2020 …………………………………… Notaryor Commissioner of Oaths CIVIL REGISTRY ............... CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM C3 (Sections 17(1)(c)) Civil Registration (Vital Statistics) Bill, 2020 47 No.
of 2020 DECLARATION BY A MAN ACKNOWLEDGING HIMSELF TO BE FATHER OF A CHILD OF AN UNMARRIED MOTHER I, …………………………………………………………………………………………... of .......................................................................................................................... ................ with a profession of……………………………………………hereby declare as follows: 1.
During the period ................................to..................................I had an intimate relationship with .................................................................................... of.......................................................................................................................... with a profession of …………………………………………………………….. 2.
As a result of the said relationship agirl/boy child was born on ................................ .....whom we named ……………………………………….

3.

It is hereby acknowledged and declared by me that I am the father of the said child.

DECLARED on this ..................... day of.

................................................................20.

............................................................................................... Declarant BEFORE ME.
,..............................................................................Notary/Commissioner of Oaths ........................................................ Notary or Commissioner of Oaths No.

of 2020 48 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 49 No.

of 2020 No.

of 2020 50 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 51 No.

of 2020 No.
of 2020 No.

of 2020 52 Civil Registration (Vital Statistics) Bill, 2020 CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM D2 (Sections 23(1) MEDICAL CERTIFICATE OF CAUSE OF DEATH No:……………………………………….

Parish………………………………………………………………………………… Name of deceased………………………………………………………………………….

Residence……………………………………………………………………………… Sex: Male:…… Female:…….

Occupation………………………………………………………………………………..


Date of death……………..……………………………………………………………… Place of death …………………………………………………………………………….. Last seen alive by me on …………………………….....………………………………… Approximate Interval Between onset and death Civil Registration (Vital Statistics) Bill, 2020 53 No.

of 2020 CAUSE OF DEATH Disease are condition directly leading to death (a) due to or as a consequence of (b) ………………………… ………………………….

………………………….

Due to or as a consequence of .

(c)………………………… ………………………….

………………………….


………………………… ………………………….

………………………….

morbid conditions, if any, given rise to above cause stating the underlying condition last Other significant conditions Contributing to the death, but not related to the disease or condition Autopsy conducted: Yes….. No….. No.

of 2020 54 Civil Registration (Vital Statistics) Bill, 2020 This does not mean that the mode of dying e.g.

heart failure, asthma, etc.

it means the disease, injury, re complication which caused the death.
I hereby certify that the particulars and cause of death above written are true to the best of my knowledge and belief.

………………………………………… Qualification as registered Signature Residence: Date Civil Registration (Vital Statistics) Bill, 2020 55 No.

of 2020 CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 No.
of 2020 56 Civil Registration (Vital Statistics) Bill, 2020 FORM E (Sections 23(5) REPORT ON PARTICULARS OF STILL BORN DEATH I, of a ………………………………………………………………in the SERVICES OF THE GOVERNMENT reported to me on the day of , 20 and that report was confirmed by …………………………….. Of ………………………………………….., a …………………………………………… In the service of the government, that the body of a still born child of …………………………………… (name of father) and name of mother of ……………………………….. has been viewed by to me that they have no reason to think that the death occurred by other than natural causes.
in the Medical District of Antigua and Barbuda and they have reported Name: ………………………………………………………………………………… Profession: …………………………………………………………………………….

Residence: ……………………………………………………………………………… Countersigned by ………………………………………………… This day of 20 Civil Registration (Vital Statistics) Bill, 2020 57 No.
of 2020 CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM F (Sections 26(4)) CERTIFICATE OF REGISTRAR FOR TRANSFER OF BODY INTO/OUT OF STATE No:………… I, …………………………………………………………………………………………… Registrar, Civil Registry hereby certify that the body of …………………………...... …………………………………………………………………………………………… is to betransferred into/out of Antigua and Barbuda for interment and that the death of the said ……………………………………………………… is/ is not required to be registered by the law of Antigua and Barbuda.
Dated the day of 20 …………………………………………….. Registrar Civil Registry CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 No.

of 2020 58 Civil Registration (Vital Statistics) Bill, 2020 FORM G1 (Sections 34(3)) APPLICATION TO CHANGE NAME OF ADULT No:………… I, …………………………………………………………………………………………… Of …………………………......…………………………………………………………… Hereby make application to change my name from ………………………………………………………………………………………………to …………………………………………………………………………………………...
The prior notice required to be filed was filed on ………………………………… and copy is enclosed herewith.

The application fee was paid on ……………………………………………………………………………………………..

I hereby swear that the contents of this application are true and correct.

…………………………………………….. ………………………………………….. Notary Public/Commissioner of Oaths Applicant Dated Dated CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM G2 (Sections 34(3)) Civil Registration (Vital Statistics) Bill, 2020 59 No.
of 2020 APPLICATION TO CHANGE NAME OF CHILD No:………… 1.

I, ………………………………………………………………………………… of …………………………......…………………………………………………………… hereby make application on behalf of ………………………………………………….. who is a minor, being born on ………………………………………………………….. to have his/her name changed from …………………………………………………….

to ………………………………………………………………………………………….. …………………………………………………………………………………………….. 2.
I, ………………………………………………………………………………… person to whom this being the application applies, and being 18 years or more hereby consent to the application.

…………………………………....

Application on behalf of a minor …………………………………… Consent to the application CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM I (Sections 39(6)) PERMISSION TO CHANGE NAME No:………… No.
of 2020 60 Civil Registration (Vital Statistics) Bill, 2020 WHEREAS ON day 20 you, ………………………………………of ……………………………………………... …………………………......…………………………………………made application to the Registrar, Civil Registry to change your name of ……………………………….………………………) (or that of a minor, AND WHEREAS the application satisfied all of the legal requirements relating to change of name under the Act; NOW THEREFORE, you of (or the minor……………………………….
of ……………………………………………………………….. ) are hereby permitted to change your present name of of the minor from Granted this day of (or that to 20 Registrar, Civil Registry Civil Registration (Vital Statistics) Bill, 2020 61 No.

of 2020 CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 No.
of 2020 62 Civil Registration (Vital Statistics) Bill, 2020 FORM J2 (Sections 56(2)) APPLICATION TO MAKE CORRECTIONS/ AMENDMENTS I, .... of... being.... hereby make application to make correction(s) or amendment(s) to the following document(s): 2.

The correction(s) or amendment(s) arise because: 1.

2.

3.

The document(s) bear the following dates: Dated this day of 20.... .............................................................
Applicant CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM K1 (Section 56(3)) Civil Registration (Vital Statistics) Bill, 2020 63 No.

of 2020 NOTICE OF INTENTION TO MAKE APPLICATION TO EFFECT CORRECTION(S) OR AMENDMENT(S) TO A DOCUMENT I, ..... of..... being..... hereby give notice to the following person(s) 1.

2.

3.
2.

3.

4. of my intention to seek the permission of the Registrar, Civil Registry to effect correction(s) or amendment(s) to the following document(s) and seek their consent or approval: It is to be noted that any giving or refusal of consent must be served on the intended applicant/applicant no later than seven (7) days after it was served on you.

A copy of the intended application is attached hereto.
FORM K2 which must be used for the purposes of the consent or refusal and can be obtained at the Civil Registry.

Given this day of 20..... …………………………………………….. Intended applicant/Applicant No.

of 2020 64 Civil Registration (Vital Statistics) Bill, 2020 CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 FORM K2 (Section 56(6)) RESPONSE TO AN INTENDED APPLICANT/ APPLICANT SEEKING TO MAKE CORRECTIONS OR AMENDMENTS TO A DOCUMENT Civil Registration (Vital Statistics) Bill, 2020 65 No.

of 2020 I, .... Of...


Being.. Hereby consent/ refuse to consent to the corrections or amendments for the following reasons: 1.

2.

3.

4.

Given this day of 20.... …………………………………………… Responder to proposed application CIVIL REGISTRATION (VITAL STATISTICS) ACT 2020 No.

of 2020 66 Civil Registration (Vital Statistics) Bill, 2020 SCHEDULE III FEES AND CIVIL PENALTIES PAYABLE TO THE REGISTRAR, CIVIL REGISTRY PART I CIVIL PENALTIES NO.

PROVISION FACTUAL AND LEGAL BASIS FEE/PENALTY 1.


Section 16(3) Registration of birth 30 days after the time prescribed for registration 2.

Section 17(2) Issue of certificate of baptism 3.

Section 26(5) Interment of body without the required certificate of Registrar 4.

Section 27(2) Removal of body out of state without prior registration 5.

Section 44(2) Failure to attend when summoned by Registrar $200.00 $20.00 $1,000.00 $1,500.00 $500.00 PART II FEES NO.

1.

For every search General Special 2.


For every certified copy of an entry on the register FEE $10.00 $50.00 $50.00 Civil Registration (Vital Statistics) Bill, 2020 67 No.

of 2020 3.

4.

5.

6.

7.

8.

Application for certificate of non-marriage For reproduction of divorce certificate Application to make correction or amendment Application to change name of an adult Change of name of minor $50.00 $50.00 $100.00 $1,500.00 $500.00 Further application to make correction or amendment $200.00 No.
of 2020 68 Civil Registration (Vital Statistics) Bill, 2020 (Section 55) SCHEDULE IV The enactments specified herein are amended to the extent indicated.

1.

The Children (Care and Protection) Act, 2015 is amended as follows: (1) In the Arrangement of Sections delete “128 Adoption register” and “129 Post adoption entry” and substitute the following “128.

Adoption entry” and “129.


Post adoption entry”; (2) By adding after section 121 the following new section as section 121A: ““121A Informing Civil Registry of adoption orders” After the grant of an adoption order under section 120, the Registrar shall cause the Registry to be informed electronically of the order of the court.” (3) Section 128 is amended as follows: (a) head note thereof and subsection (1) are repealed and replaced as follows: “ “128.
Entry of adoptions at the Civil Registry” (1) The Registrar Civil Registry shall cause all adoption orders to be entered on the register together with such entries as may be directed to be made by the court under such orders.“; (b) in subsection (2) (a) delete the words “Adoption register” appearing in line 1 thereof and substitute the word “register”; (b) delete the words “in the register of Births” appearing in line 5 thereof and substitute the word “register”; (c) subsections (3), (4), (5), and (6) are repealed.
2.

The Divorce Act 1997 is amended by inserting a new section 11A after section 11 as follows: “11A.

Informing Civil Registry of divorces granted After the grant of a divorce by the court under section 11, the Registrar of the High Court shall cause the Registrar, Civil Registry to be immediately informed of the order of the court.” Civil Registration (Vital Statistics) Bill, 2020 69 No.

of 2020 3.

The Marriage Act, Cap.
261 is amended as follows: (a) In section 2 delete the definition “Registrar General” appearing there in and substitute the following new definition:“Registrar” means the Registrar of the High Court;” (b) Section 41 is amended by adding the following as subsection (5): (5) Without prejudice to anything contained in subsections (1) to (4) of this section persons giving notice of marriage shall indicate whether the surname to be used by the female will be (a) her existing surname, (b) her existing surname in combination with the surname of the male partner's surname; or (c) the surname of her male partner.” (c) Form C as contained in the Schedule is amended to reflect the following new format: (adding a new column immediately after the column with the heading)“Name and surname” to read “Surname to be used by female upon marriage”.
No.

of 2020 70 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 71 No.

of 2020 No.

of 2020 72 Civil Registration (Vital Statistics) Bill, 2020 Civil Registration (Vital Statistics) Bill, 2020 73 No.

of 2020 (d) Forms D to G amended to reflect the following new format: No.

of 2020 74 Civil Registration (Vital Statistics) Bill, 2020 EXPLANATORY MEMORANDUM .

The Bill contains 48 clauses and several schedules.
The purpose of the enactment is to focus on the registration of vital statistics and other life events with a view to the gathering of statistics having to do with matters affecting our human development index.

The Bill repolaces the Births and Deaths (Registration) Act which was drafted in 1871 and which, because of the passage of time, no longer meets international standards with respect to the collection of vital statistics and the creationof records of identity.
It is to be further noted that although Cap.53 is to be repealed, the vital statistics generated thereunder will constitute part of the database for the Civil Registry.. Parts I and II of the Bill are concerned with legislative fundamentals including: Short title, definitions, Purposes of the Act, plus the transfer of the High Court records to the Civil Registry.

…………………………………………… Hon.

Steadroy Benjamin Attorney General and Minister of Justice and Legal Affairs