The Evolution of Birth Registration in England and Wales and its Place in Contemporary Law and Society

Liam Davis

Research output: Contribution to journalArticle (Academic Journal)peer-review

9 Citations (Scopus)

Abstract

Birth registration, especially the birth certificate, is consistently framed as something which has always operated to document a person's parents and their (biogenetic) ‘origins’. This framing has become more prominent in recent years with the rise in (often queer) families challenging how law should register their families, often being unsuccessful. Analysing the history of birth registration, though, suggests this framing of birth registration is inaccurate. It is only in recent years that birth registration has supposedly taken on a new (or additional) policy aim of facilitating parent-child relationships. This policy also arguably facilitates a particular type of relationship and trans-parent families are focused upon as an example of where such facilitation does not occur. Through documenting the recent resurgence of interest in birth registration, this article aims to clarify the history and purpose(s) of birth registration showing how many assumptions surrounding the function of birth registration are misguided, and to open up discussion as to what its legal purpose(s) should be.

Original languageEnglish
Pages (from-to)317-342
Number of pages26
JournalModern Law Review
Volume87
Issue number2
Early online date25 Sept 2023
DOIs
Publication statusPublished - 1 Mar 2024

Bibliographical note

Publisher Copyright:
© 2023 The Authors. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited.

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