Birth Registration
The birth of every child born in Tuvalu shall be registered by the registrar for the district in which the child was born by entering in a register kept for that district such particulars concerning the birth as may be prescribed: Provided that where a living new-born 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 district in which the child is found.
How to register your new born child?
It is the duty of every birth Father and Mother to give the birth notification of their new born baby to the registrar before the expiration of 10 days from the date of birth, information of the particulars required to be registered concerning the birth.
Registration of births free of charge
Where the registrar receives personally from any qualified informant at any time before the expiration of 3 months from the date of the birth of any child or from the date when any living new-born child is found exposed, information of the particulars required to be registered concerning the birth of the child, then, subject as may be prescribed in the case of an alleged still-birth where no certificate such as is mentioned in section 20(1) is delivered, he shall forthwith register the birth and the particulars, if not previously registered, in the prescribed form and manner without any fee or reward from the informant.
(1) Where on the expiration of 3 months and before the expiration of 12 months from the date of the birth of any child or from the date where any living newborn child is found, the birth has not been registered, the registrar may by notice in writing require any qualified informant —
- to attend personally at the registrar’s office (or, if such office is more than 20 miles distant from the informant’s usual place of business or abode, at some other place which is not so distant appointed by the registrar within his district) before such date (being not less than 7 days after the receipt of the notice nor more than 12 months after the date of the birth or finding) as may be specified in the notice; and
- (b) to make before the registrar, or some person designated by him, a declaration according to the best of the declarant’s knowledge and belief of the particulars required to be registered concerning the birth.
(2)Upon any qualified informant attending before the registrar, whether in pursuance of a requirement or not, and making such a declaration as aforesaid and giving information concerning the birth the registrar shall then and there register the birth according to the information of the declarant and the registrar shall sign the entry of the birth.
Death Registration
The death of every person dying in Tuvalu and the cause thereof shall be registered by the registrar for the district in which the death occurred by entering in a register kept for that district such particulars concerning the death as may be prescribed: Provided that where a dead body is found and no information as to the place of death is available, the death shall be registered by the registrar for the district in which the body is found.
Information concerning other deaths
- The following provisions of this section shall have effect where a person dies elsewhere than in a house or where a dead body is found and no information as to the place of death is available.
- The following persons shall be qualified to give information concerning the death, that is to say —
- any relative of the deceased who has knowledge of any of the particulars required to be registered concerning the death;
- any person present at the death;
- any person finding or taking charge of the body;
- any person causing the disposal of the body.
3. It shall be the duty —
- (a) of each such relative as is mentioned in subsection(2)(a); or
- (b) if there are no such relatives, of each other qualified informant,
to give to the registrar, before the expiration of 5 days from the date of the death or of the finding of the body, such information of the particulars required to be registered concerning the death as the informant possesses:
Provided that —
- the giving of information by any one qualified informant shall act as a discharge of any duty under this subsection of every other qualified informant;
- this subsection shall not have effect if an inquest is held on the body or touching the death of the deceased person.
Notice preliminary to information of death
If, before the expiration of 5 days from the date of the death or of the finding of the dead body of any person, a qualified informant of that person’s death gives to the registrar a written notice of the person’s death or of the finding of the body accompanied by a notice given under section 30(2) of the signing of a certificate of the cause of death, the information of the particulars required to be registered concerning the death need not be given before the expiration of the said 5 days, but shall, notwithstanding the notice, be given before the expiration of 14 days from the date aforesaid by the person giving the notice or by some other qualified informant.
Notice of marriage
- Whenever any persons desire to marry, one of the parties to the intended marriage shall give to the registrar of the district in which the marriage is intended to take place a notice in the Form A of Schedule 2.
- Upon receipt of such notice the registrar shall cause the particulars thereof to be entered in a book to be called the “Marriage Notice Book”, which may be inspected during working hours without fee, and he shall publish such notice by leaving a copy of it posted on the outer wall of his office until he grants his certificate for marriage or until 3 months shall have elapsed.
Registrar to issue certificate for marriage
The registrar, at any time after the expiration of 21 days and before the expiration of 3 months from the date of the notice, upon payment of the prescribed fee, shall thereupon issue his certificate in the Form B of Schedule 2:
Provided always that he shall not issue his certificate until he has been satisfied that —
- one of the parties has been resident within the district in which the marriage is intended to be solemnized at least 28 days preceding the granting of the certificate;
- each of the parties to the intended marriage (not being a widower or widow) is 21 years old, or that if he or she is under age, that the required consent has been given or has been dispensed with;
- there is no impediment of kindred or affinity, or any other lawful hindrance to the marriage.
Marriage to be solemnised within 3 months of notice
If the marriage is not solemnised within 3 months of the date of the notice, the notice and all proceedings consequent thereupon shall be void.
Island Court may grant licence to marry
- Subject to subsections (2) and (3), the Island Court may dispense with the issue of the certificate for marriage and may grant a licence, which shall be in Form C of Schedule 2, authorizing the solemnisation of a marriage between the parties named in such licence.
- The Island Court shall only grant the licence in accordance with subsection (1) if satisfied by evidence on oath of the following matters – (i) that there is no lawful impediment to a proposed marriage; and (ii) that such consents as may be necessary to the marriage have been obtained; and (iii) that the Secretary to Government has been informed of the application; and (iv) that the granting of the application is reasonable in all the circumstances.
- that there is no lawful impediment to a proposed marriage; and
- that such consents as may be necessary to the marriage have been obtained; and
- that the Secretary to Government has been informed of the application; and
- that the granting of the application is reasonable in all the circumstances.
Objections to marriage
- At any time after notice of an intended marriage has been given but before the issue of the certificate for marriage, any person, whose consent to the marriage is hereby required or who may know of any just cause why the marriage should not take place, may give notice, either orally or in writing, tothe registrar of the district where notice of marriage has been given, stating the reasons why he objects to the marriage.
- On receipt of such notice, the registrar shall cause the word “forbidden” to be entered opposite to the entry of the notice of marriage in the Marriage Notice Book, and shall make full inquiry as to the genuineness or otherwise of the objection to the marriage.
- If the registrar is satisfied that no objection exists he shall cancel the word “forbidden” and make and sign an entry in the Marriage Notice Book to the effect that after investigation the objection was not sustained, and he may then issue his certificate and the marriage may proceed as if no objection had been entered.
- If, on investigation, the objection is found to be valid, an entry to that effect shall be made in the Marriage Notice Book and the certificate for marriage shall not be issued: Provided that, if either party is dissatisfied with the decision of the registrar he may within 2 months refer the decision to the Registrar-General, or where the Registrar-General is himself the registrar of the district, to the AttorneyGeneral who shall decide upon the validity or otherwise of the objection; and if the Registrar-General or the Attorney-General, as the case may be, decides that the objection is not valid the entry in the Marriage Notice Book shall be cancelled, and the certificate for marriage may then be issued.
- The time which may have elapsed between the entering of an objection and the final decision in respect of it, shall not be computed in the period of 3 months specified in sections 9 and 10.
- Any person who, without sufficient and proper cause, willfully gives notice of objection to a marriage shall be liable to a fine of $50, and, in default of payment, to imprisonment for 3 months.