MAJOR reforms to Jersey’s Children and Civil Status Law will come into effect today bringing a “landmark step for equality and family rights”.
The changes, which affect how births are registered and how legal parenthood is recognised, are designed to support modern family structures and fix what was “very traditional” when the law was originally written in 1842.
Previously, many same-sex parents and parents who have children using fertility treatment faced barriers such as not being named on their child’s birth certificate or difficulty gaining legal parental status.
Superintendent Registrar Claire Follain said: “From today, every child in Jersey has a right for the name of both of their parents to be recognised on their birth registration” adding that it’s a “really significant advance” for children in Jersey.
She continued: “It fulfills one of their fundamental human rights that Jersey has signed up to as part of the Convention of the Rights of the Child and that allows and asks that all children are permitted to know the identity of their parents.
“Until today, we were only ever allowed to register a mother and a father, and that does not reflect how society has moved on in terms of how families are formed in Jersey.”
One of the major reforms is the removal of the historic notion of “legitimacy” and “illegitimacy” from Jersey’s legal framework, after the “discriminatory” and “outdated” law was scrapped. Parenthood will now be based on evidence and intention.
Ms Follain said: “It is important as a line in the sand to show that in Jersey, aspects that are now outdated, such as illegitimacy, are no longer on our statute book and are no longer considered to be a matter of any importance in Jersey. So children born, whether they’re born within a marriage or outside of it, have absolutely the same equity and equal rights as each other.”
The law differs from that in the UK, where those who had been affected by the legislation cannot update historic records. In Jersey, corrections to records can be made, and children can be re-registered in eligible cases.
“We wanted all parents to be recognised, and we wanted every child to be in the same position, whether or not they were born before the 24 November 2025,” Ms Follain added.
“We are permitting every parent to come back. If you were not permitted to be registered as a parent prior to today, you can come back and you can re-register your child, and therefore every child will be placed in the same position no matter when you were born.”
Those who require assistance with their records are advised to contact the Office of the Superintendent Registrar, 25 New Street, where appointments are being offered today.
Key changes
- Joint birth registration for same-sex female and mixed-sex parents who have children through fertility treatment.
- Free re-registration of births
- Parental Orders for altruistic surrogacy arrangements
- New surrogacy guidance published
- Parental responsibility agreements for step-parents
- Abolition of the concept of illegitimacy and the term “bâtard”
