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 language | English |
|---|---|
| Pages (from-to) | 317-342 |
| Number of pages | 26 |
| Journal | Modern Law Review |
| Volume | 87 |
| Issue number | 2 |
| Early online date | 25 Sept 2023 |
| DOIs | |
| Publication status | Published - 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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