I'm on the Sydney DPS mailing list and Mick Reed, there, has drawn the list's attention to a risk with obtaining certified birth records from NSW. I hope he won't mind me quoting him:
He emailed the authorities for clarification and obtained this reply:
"Fletch", on the list (and who, I hope, will also forgive me for quoting him), has added this as a way around the problem, if there is no legal need for an actual cert:
A few replies have commented on the risk of additional transcription errors when using a transcription agent.
Christine
~~~~~~~~~~
In this context, researching: CHRISTMAS (Queensland), MARKS & FREEMAN/FRIEDMAN (NSW & Victoria - also NZ).
When you get a birth certificate from NSW BMD (at substantial expense),
it contains the following statement:
'I hereby certify that this is a true copy of particulars recorded in a
Register in the State of New South Wales, in the Commonwealth of
Australia' and it will be signed by the Registrar.
Problem is it may not be true if the child was born outside of marriage.
NSW Births, Marriages and Deaths
Act 1995 Section 49 (3) reads as follows:
"If the word “illegitimate”, or any other word or expression referring
to the fact that a child was born outside marriage, appears in an entry
in the Register , that word or expression is not to be included in any
certificate issued by the Registrar."
it contains the following statement:
'I hereby certify that this is a true copy of particulars recorded in a
Register in the State of New South Wales, in the Commonwealth of
Australia' and it will be signed by the Registrar.
Problem is it may not be true if the child was born outside of marriage.
NSW Births, Marriages and Deaths
Act 1995 Section 49 (3) reads as follows:
"If the word “illegitimate”, or any other word or expression referring
to the fact that a child was born outside marriage, appears in an entry
in the Register , that word or expression is not to be included in any
certificate issued by the Registrar."
In Australian history illegitimate children have been discriminated
against both socially and legally. It was previous practice for a
child's illegitimacy to be noted on their birth certificate. To describe
a child as illegitimate is derogatory.
In 1976 legislation was passed in NSW that concerned the removal of
legal disabilities to illegitimate children. This included the removal
of any words or expressions on a persons birth certificate that
identified them as illegitimate.
All certificates that the Registry issues must comply, including family
history certificates. There will be no indication that this information
has been excluded from the certificate.
The words "illegitimate" and "spinster" are the common words that were
used in our register, that is why they are specifically listed.
Section 49(3) relates to a word or expression, and does not include any
other details such as a mother's family name.
The legislation relating to the removal of these details is the current
law, I cannot comment on whether this will change in the future.
against both socially and legally. It was previous practice for a
child's illegitimacy to be noted on their birth certificate. To describe
a child as illegitimate is derogatory.
In 1976 legislation was passed in NSW that concerned the removal of
legal disabilities to illegitimate children. This included the removal
of any words or expressions on a persons birth certificate that
identified them as illegitimate.
All certificates that the Registry issues must comply, including family
history certificates. There will be no indication that this information
has been excluded from the certificate.
The words "illegitimate" and "spinster" are the common words that were
used in our register, that is why they are specifically listed.
Section 49(3) relates to a word or expression, and does not include any
other details such as a mother's family name.
The legislation relating to the removal of these details is the current
law, I cannot comment on whether this will change in the future.
I don't bother obtaining ' registration certificates ' issued by the NSW BDM
simply because of the cost. I instead use a transcript agent. The
information contained in those transcripts is exactly what appears in the
official registers and on quite a few of those that I have in my possession
the words " illegitimate " and " spinster " do appear. I am aware that
these transcripts are not OFFICIAL documents but it does get around the
problem and does tell the whole story.
I can still use the information and document as souce citations quoting the
register numbers and the repository
simply because of the cost. I instead use a transcript agent. The
information contained in those transcripts is exactly what appears in the
official registers and on quite a few of those that I have in my possession
the words " illegitimate " and " spinster " do appear. I am aware that
these transcripts are not OFFICIAL documents but it does get around the
problem and does tell the whole story.
I can still use the information and document as souce citations quoting the
register numbers and the repository
Christine
~~~~~~~~~~
In this context, researching: CHRISTMAS (Queensland), MARKS & FREEMAN/FRIEDMAN (NSW & Victoria - also NZ).
Comment