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Birth Registration Regulations

made under Section 51 of the

Vital Statistics Act

R.S.N.S. 1989, c. 494

O.I.C. 2007-498 (September 20, 2007), N.S. Reg. 390/2007


Citation

1     These regulations may be cited as the Birth Registration Regulations.


Definitions

2     In these regulations,

 

                (a)    “Act” means the Vital Statistics Act;

 

                (b)    “assisted conception” means conception that occurs as a result of artificial reproductive technology, using an anonymous sperm donor;

 

                (c)    “spouse” means the person to whom a child’s mother is married.


Assisted conception

3     (1)    Despite Section 4 of the Act, if the mother of a child who was conceived as the result of assisted conception is married, the birth of the child must be registered showing the spouse of the mother as the child’s other parent.

 

       (2)    Despite Section 4 of the Act, if the mother of a child who was conceived as the result of assisted conception is unmarried and the person whom the child’s mother acknowledges as the child’s other parent files a statutory declaration with the Registrar or the division registrar acknowledging that that person intends to assume the role of parent of the child, the birth of the child must be registered showing that person as the child’s other parent.

 

       (3)    If a request to register an assisted conception is made after the registration of the birth in accordance with Section 4 of the Act, the Registrar may amend the registration in accordance with the request by making the necessary notation.


Mother of child

4     A woman who gives birth to a child must be recorded as the mother of the child.


Surrogacy

5     (1)    In this Section, “court” means the Supreme Court of Nova Scotia (Family Division) or the Family Court of Nova Scotia as the case may be.

 

       (2)    On application by the intended parents in a surrogacy arrangement, the court may make a declaratory order with respect to the parentage of the child if all of the following apply:

 

                (a)    the surrogacy arrangement was initiated by the intended parents;

 

                (b)    the surrogacy arrangement was planned before conception;

 

                (c)    the woman who is to carry and give birth to the child does not intend to be the child’s parent;

 

                (d)    the intended parents intend to be the child’s parents;

 

                (e)    one of the intended parents has a genetic link to the child.

 

       (3)    If the court makes a declaratory order under subsection (2), the court may order that

 

                (a)    the name and particulars of the parents be registered and the name and particulars of a surrogate mother be removed; and

 

                (b)    the surname of the child be registered in accordance with the surname chosen by the intended parents.

 

       (4)    An order made under subsection (3) must contain all of the following:

 

                (a)    the full names of the parents of the child;

 

                (b)    the date and place of the birth of the parents of the child;

 

                (c)    sufficient particulars of the birth of the child to identify the birth record that is to be changed.

 

       (5)    On receipt of an order made under subsection (3), the Registrar must amend the child’s birth registration as required by the order.

 

       (6)    If a child’s birth registration is amended in accordance with subsection (5), every birth certificate subsequently issued for the child must reflect the amended birth registration.