The Evolution Of Birth Registration: A Legal History

The registration of births became law in England and Wales on 1 July 1837, following the Births and Deaths Registration Act of 1836. However, registration was not compulsory until 1875, when the Registration of Births and Deaths Act of 1874 made it the responsibility of those present at the birth.

The Registration of Births and Deaths Act 1874

The Registration of Births and Deaths Act of 1874 was enacted to amend the law relating to the registration of births and deaths in England and to consolidate the law respecting the registration of births and deaths at sea. The Act was passed to address the issues with the original legislation, the Births and Deaths Registration Act of 1836, which was rather imperfect and ambiguous.

The Act made it compulsory for the father and mother of a child to provide information about the birth to the registrar within 42 days. In the case of illegitimate children, no person could be required to give information as the father of the child, and the registrar was prohibited from entering the father's name unless at the joint request of the mother and the person acknowledging himself to be the father.

The Act also outlined the process for registering deaths, with the death of every person dying in England to be registered by the registrar. The registrar was required to carefully inform themselves of every death that occurred within their sub-district and register the death without a fee or reward from the informant.

The Act also included provisions for the registration of births and deaths at sea, which did not apply to British ships. The captain or master of a British ship was required to record the birth or death of a person on board and deliver a return of the facts to the Registrar General of Shipping and Seamen upon arrival at a port in the United Kingdom.

Overall, the Registration of Births and Deaths Act of 1874 aimed to improve the accuracy and efficiency of birth and death registration in England and Wales by clarifying and strengthening the existing legislation.

The role of the Registrar General

In England and Wales, the General Register Office (GRO) is part of His Majesty's Passport Office and is responsible for civil registration. The GRO maintains the national archive of all births, marriages, and deaths dating back to 1837.

The GRO was created in 1836 with the passing of the Births and Deaths Registration Act, which established a system of civil registration separate from the Church of England. The GRO collects and records the details of births, marriages, civil partnerships, and deaths, and issues certificates for these events.

The Registrar General is the head of the GRO and is responsible for overseeing the registration process and ensuring its smooth operation. They work closely with the Superintendent of Statistics and Deputy Registrar General, who is typically a statistician, to manage the vast amount of data collected.

One of the key roles of the Registrar General is to appoint and manage registrars, who are responsible for collecting information and registering births, deaths, and marriages within their sub-districts. The Registrar General also has the authority to sack registrars who are deemed unsatisfactory or dishonest.

Additionally, the Registrar General plays a crucial role in maintaining the accuracy and integrity of the registration system. They are authorised to make corrections to errors in the registers, including clerical errors and errors of fact or substance. The Registrar General also works with the Treasury to secure additional funding and resources when needed to handle the volume of work.

The Registrar General is also responsible for providing guidance and support to registrars, including issuing instructions and making regulations pertaining to the registration process. They ensure that registrars are properly trained and equipped to carry out their duties effectively.

Furthermore, the Registrar General is tasked with promoting birth registration and raising awareness about its importance. They work with other sectors, such as health and social protection, to integrate birth registration into their work, ensuring that as many births as possible are registered and that families receive the necessary documentation.

In summary, the Registrar General plays a vital role in ensuring the effective operation of the civil registration system in England and Wales. They are responsible for appointing and managing registrars, maintaining the accuracy of records, securing necessary resources, providing guidance, and promoting birth registration to ensure that individuals have the legal recognition and documentation they need.

The General Register Office

The GRO was the result of the 1836 Births and Deaths Registration Act, which established the post of Registrar General. The first Registrar General, Thomas Lister, was appointed in September 1836 and worked to establish the system, which came into effect on 1 July 1837, the same year Queen Victoria ascended the throne.

The GRO was based at Somerset House in Central London from 1837 to 1974, when it moved to St Catherine's House, also in London. During World War II, many of the administrative functions were moved to Southport, Merseyside, and certificate production followed in the early 1990s. Southport remains the GRO's main location today.

The GRO holds over 260 million records, which has greatly enhanced the process of searching for family histories and backgrounds. The GRO's work with local offices is a great model for partnership working, which has gone from strength to strength.

The Registration Act 1836

The Registration Act of 1836, also known as the Births and Deaths Registration Act 1836, was enacted to establish a system of civil registration for births and deaths in England. This act mandated that information about births and deaths be provided to a registrar within specified time frames and outlined the responsibilities of registrars and superintendent registrars in maintaining accurate records. The act was later amended by the Births and Deaths Registration Act of 1874, which introduced further regulations and clarified the roles of those involved in the registration process.

The Registration Act of 1836 was established to address the lack of a standardised system for recording births and deaths in England. Prior to this act, records were often kept by the Church of England, which had a monopoly on legal recognition of these life events. The new legislation aimed to create a secular and neutral system that would be accessible to people of all religious denominations.

Under the Registration Act of 1836, it was the duty of the father and mother of a child to provide information about the birth to the registrar within 42 days. If they failed to do so, the registrar could require them to attend the registrar's office and provide the necessary information. The act also outlined the process for registering births that occurred outside of a house or when the child's parents were unknown.

In addition to births, the act also addressed the registration of deaths. It was the responsibility of the nearest relatives or occupants of the house to provide information about a death to the registrar within five days. Similar to the process for births, if this information was not provided, the registrar could require them to attend the office and provide the details.

The Registration Act of 1836 also established the role of superintendent registrars and their deputies, who were responsible for overseeing the registration process within their districts. They were tasked with carefully informing themselves about every birth and death that occurred within their sub-district and ensuring accurate registration without delay.

While the Registration Act of 1836 laid the foundation for civil registration, it faced some challenges and opposition, particularly from the Church of England, which had previously held authority over these records. There were also instances of non-compliance and ignorance of the new law, and in some cases, registrars faced difficulties in obtaining the required information from uncooperative individuals or institutions.

Overall, the Registration Act of 1836 marked a significant step towards standardised and secular registration of births and deaths in England, providing legal recognition of these life events for all citizens, regardless of their religious affiliation.

The Vaccination Act of 1853

The UK's Births and Deaths Registration Act was passed in 1836, making it compulsory to register births. However, the legislation was imperfect and turbulent in its early years, with non-compliance and even riots in some places. The registration system was also initially set up through the poor law unions, which caused some issues.

• That every child be vaccinated within three months of birth (or within four months if orphaned) by the district's public vaccinator or another medical practitioner.
• That the registrar of births notify parents or guardians of this requirement and provide information on local vaccination arrangements when a birth is registered.
• That medical practitioners who vaccinate a child send a certificate to the local registrar, who will keep a record of all notices given and certificates received.
• That parents or guardians who do not comply with the requirement, without sufficient reason, are liable to a penalty of £1, which will be paid toward the local poor rate.

> "I. It is the bounden duty of parliament to protect all the rights of man.

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> II. By the vaccination acts, which trample upon the right of parents to protect their children from disease, parliament has reversed its function.

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> III. As parliament, instead of guarding the liberty of the subject, has invaded this liberty by rendering good health a crime, punishable by fine or imprisonment, inflicted on dutiful parents, parliament is deserving of public condemnation."

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