VICTOR AJ
“(1)
In the case of any child born alive, any one of his or her parents, or if the parents
are deceased, any of the prescribed persons, shall, within 30 days after the birth of such
child, give notice thereof in the prescribed manner, and in compliance with the
prescribed requirements, to any person contemplated in section 4.
(1A)
The Director-General may require that biometrics of the person whose notice
of birth is given, and that of his or her parents, be taken in the prescribed manner.
(2)
Subject to the provisions of section 10, the notice of birth referred to in
subsection (1) of this section shall be given under the surname of either the father or
the mother of the child concerned, or the surnames of both the father and mother joined
together as a double barrelled surname.
(3A)
Where the notice of a birth is given after the expiration of 30 days from the
date of birth, the birth shall not be registered, unless the notice of the birth complies
with the prescribed requirements for a late registration of birth.”
[4]
Section 10 of the Act provides:
“(1)
Notice of birth of child born out of wedlock shall be given—
(a)
under the surname of the mother; or
(b)
at the joint request of the mother and of the person who in the presence
of the person to whom the notice of birth was given acknowledges
himself in writing to be the father of the child and enters the prescribed
particulars regarding himself upon the notice of birth, under the
surname of the person who has so acknowledged.
(2)
Notwithstanding the provisions of subsection (1), the notice of birth may be
given under the surname of the mother if the person mentioned in
subsection (1)(b), with the consent of the mother, acknowledges himself in
writing to be the father of the child and enters particulars regarding himself
upon the notice of birth.”
[5]
It is this bifurcated procedure that is the subject of this matter. At issue here are
an array of difficulties that arise from section 10 of the Act. The first is the difficulty
experienced by unmarried fathers in registering the births of their children in their own
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