interesting provisions in the Births and Deaths Regis'n act 1957

While browsing through the statue, I found some interesting things in the "Births" section of the BIRTHS AND DEATHS REGISTRATION ACT 1957 (REVISED 1983)/ ACT 299.

Interesting Provision #1

16. Registration of objectionable or undesirable names.

Where it appears to the Registrar that the name of a child sought to be entered in a register of births is objectionable or undesirable he shall refer the matter to the Registrar-General and the Registrar-General may cause such name to be registered or not to be registered as he shall deem fit.

The interesting part of this section is that the Registrar-General may object to the name of the child from being registered. Who is he to object? Under the Trademarks Act, the Registrar of Trademarks may refuse to register a Chinese name (Chinese characters) unless he is satisfied as to the meaning of the name. Hence, you have to give a certified translation.... Easy money for those translators, indeed.

In any case it might be instructive to look at section 7(3) as follows:

7. Particulars of births to be registered.

(1) Subject to the provisions of this Part, the birth of every child born in Malaysia shall be registered by the Registrar for the registration area in which the child was born by entering in a register in duplicate in manner prescribed such particulars concerning the birth as may be prescribed; and different registers shall be used and different particulars may be prescribed for live-births and still-births respectively:

Provided that, where a living child is found exposed and no information as to the place of birth is available, the birth shall be registered by the Registrar for the registration area in which the child is found.

(2) The following persons shall be qualified to give information concerning a birth, that is to say-

(a) the father of the child;

(b) the mother of the child;

(c) the occupier of the house in which the child was to the knowledge of that occupier born;

(d) any person present at the birth; and

(e) any person having charge of the child.

(3) In the case of a child of the Chinese race the Registrar may, after entering in the register the prescribed particulars of such child, permit a qualified informant to insert in such manner as may be prescribed the name of such child and the name of the father and mother of such child in Chinese characters.

The second interesting provision is as follows.

13. Provisions as to father of illegitimate child.

Notwithstanding anything in the foregoing provisions of this Act, in the case of an illegitimate child, no person shall as father of the child be required to give information concerning the birth of the child, and the Registrar shall not enter in the register the name of any person as father of the child except at the joint request of the mother and the person acknowledging himself to be the father of the child, and that person shall in that case sign the register together with the mother.

Now, the father is not required to put his name down as the father if the child is illegitimate. However there seems to be some conflict of provision:

13A. Surname of child.

(1) The surname, if any, to be entered in respect of a legitimate child shall ordinarily be the surname, if any, of the father.

(2) The surname, if any, to be entered in respect of an illegitimate child may where the mother is the informant and volunteers the information, be the surname of the mother; provided that where the person acknowledging himself to be the father of the child in accordance with the provisions of section 13 request so, the surname may be the surname of that person.

It seems that the child will get the mother's surname unless the dad is put down in the register as the dad. Unless and until that happens then the child's surname shall not follow that of the father. So, the question for all those aspiring Romeo's out there is whether they wish their offspring to have their surname, or not? If not, then they can rest assured that they need not be registered as the father.

Incidentally, the Act applies to all Malaysians, whether they are Muslim or otherwise. Interesting, the way law works, when you look at it in perspective ;-)