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Births Deaths and Marriages Registration Act 2017 - Births Deaths and Marriages Registration (Change of Name) Regulations 2018


REPUBLIC OF NAURU

BIRTHS DEATHS AND MARRIAGES REGISTRATION (CHANGE OF NAME) REGULATIONS 2018

______________________________

SL No. 4 of 2018
______________________________


Notified: 27th March 2018

Table of Contents

1 Citation
2 Commencement
3 Application of Regulations
4 Application for change of name by deed poll by person who has attained the age of 18 years
5 Application for change of name by deed poll of a child under the age of 18 years
6 Form of deed poll for a person who has attained the age of 18 years
7 Form of deed poll for a child under the age of 18 years
8 Declaration of a person who has attained the age of 18 years
9 Declaration of parents of a child under the age of 18 years
10 Birth certificate to be issued
11 Change of name to be notified in Gazette
12 Form of notice in Gazette

SCHEDULE


Cabinet makes the following Regulations under sections 22(7) and 102 of the Births Deaths and Marriages Registration Act 2017:

  1. Citation

These Regulations may be cited as the Births Deaths and Marriages Registration (Change of Name) Regulations 2018.

  1. Commencement

These Regulations commence on the day they are notified in the Gazette.

  1. Application of Regulations

These Regulations apply to any person born and registered in Nauru.

  1. Application for change of name by deed poll by person who has attained the age of 18 years

For the purposes of section 22(1) of the Act, the prescribed form for an application for change of name by a person who has attained the age of 18 years by deed poll is set out in Form 1 of the Schedule.

  1. Application for change of name by deed poll of a child under the age of 18 years

For the purposes of section 22(2) of the Act, the prescribed form for an application for change of name of a child under the age of 18 years by deed poll is set out in Form 2 of the Schedule.

  1. Form of deed poll for a person who has attained the age of 18 years

For the purposes of section 22(4)(b) of the Act, the form of a deed poll for a person who has attained the age of 18 years is set out in Form 3 of the Schedule.

  1. Form of deed poll for a child under the age of 18 years

For the purposes of section 22(4)(b) of the Act, the form of a deed poll for a change of name for a child under the age of 18 years is set out in Form 4 of the Schedule.

  1. Declaration of a person who has attained the age of 18 years

The form for the declaration by a person to be included in his or her application for change of name is set out in Form 5 of the Schedule.


  1. Declaration of parents of a child under the age of 18 years

The form for the declaration by the parents to be included in the application to change the name of a child under the age of 18 years is set out in Form 6 of the Schedule.

  1. Birth certificate to be issued

The Registrar shall issue a birth certificate set out in Form 8 of the Schedule in the Births Deaths and Marriages Registration (Forms) Regulations 2018 to a person whose application to change his or her name is accepted and registered.

  1. Change of name to be notified in Gazette

For the purposes of sections 22 and 23 of the Act, the Registrar on registering a change of name shall cause to notify such change of name in the Government Gazette.

  1. Form of notice in Gazette

A notice required under regulation 11 shall be in the form set out in Form 7 of the Schedule.


SCHEDULE

FORM 1

REPUBLIC OF NAURU


Births Deaths and Marriages Registration Act 2017

Section 22; Regulation 4


Note: A change of name will require amendments to other documents issued by the Registry including a marriage certificate and birth certificates of children.

APPLICATION FOR CHANGE OF NAME OF A PERSON WHO HAS ATTAINED THE AGE OF 18 YEARS

Application reference number: CN......./20...

PART 1 - DETAILS OF APPLICANT

Surname: ............................ . Given names: ..............................................
Gender: ..................... Date of birth: / /
Place of birth: ................................... Tribe: ......................................................... Nationality: ....................... ............... District: ......................................................
Marital status: ................. Residential address: .....................................
Telephone contact: ......................... Email: ........................................................
Identification sighted: passport/drivers’ licence/other ....................................................
PART 2 – PROPOSED NEW NAME
Surname: ........................................... Given names: ............................................
PART 3 - REASON FOR NAME CHANGE
.............................................................................................................................................................................................................................................................................................................................................
...............................................................................................................
PART 4 - SUPPORTING DOCUMENTS REQUIRED:
Please submit copies of the following documents with this application:

Deed poll contained in Form 3;
Certified copy of birth certificate;
Certified copy of an identification document;
Certified copy of the biodata page of passport (if applicable);
A statutory declaration contained in Form 5.
PART 5 – OFFICIAL PURPOSES ONLY

Application submitted by ............................. (name of applicant) on ...... of ............................ 20.... .
Certified copy of Birth certificate
Identification sighted – drivers’ licence / passport / other ........................................
Deed poll
Declaration
Application received by officer: ................................. Date: / / 20
Fee paid. Revenue receipt No: ........................
Name of the officer: ....................................... Signature: ......................................
Date: / / 20

FORM 2

REPUBLIC OF NAURU


Births Deaths and Marriages Registration Act 2017

Section 22(2); Regulation 5


NOTE:

(i) A change of name will require amendment to the birth certificate issued by the Registrar for the child who is the subject of this application;
(ii) One or both parents of a child may apply for a change of name of the child.

APPLICATION FOR CHANGE OF NAME OF A CHILD UNDER THE AGE OF 18 YEARS

Application reference number: CN......./20...

PART 1 - DETAILS OF APPLICANT

Name of applicant: ...............................................................................................
Gender: ......... Residential address: ...................................................................
Relationship to the child: ......................................................................................
PART 2 - DETAILS OF MOTHER
Surname: ............................................
Given names:.......................................
Date of birth: / /
Place of birth: .......................................
Tribe: .................................................
Nationality: ..........................................
District: ...............................................
Marital status: ......................................
Residential address: ..............................
Telephone contact: ...............................
Email: ................................................
DETAILS OF FATHER (if applicable)
Surname: ............................ ..................
Given names: ................................ .........
Date of birth: / /
Place of birth: .........................................
Tribe: ....................................................
Nationality: .............................................
District: .................................................
Marital status: .........................................
Residential address: .................................
Telephone contact: ..................................
Email: ...................................................
PART 3 - DETAILS OF CHILD
Surname: ......................................Given names: ...................................................
New name(s):.......................................................................................................
Gender: ..................... Date of birth: / / Place of birth: ..........................................
Tribe: .......................Nationality: ....................... District: .................................... ...
PART 4 - REASON FOR NAME CHANGE
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
PART 5 – SUPPORTING DOCUMENTS REQUIRED
Please submit copies of the following documents with this application:

Deed poll contained in Form 4;
Certified copy of child’s birth certificate;
Certified copy of an identification document of the Applicant;
Certified copy of the biodata page of passport (if applicable);
A statutory declaration contained in Form 6.
PART 6 - OFFICIAL PURPOSES ONLY
Application submitted by ............................. (name of applicant) on ...... of ............................ 20...... .
Certified copy of the child’s birth certificate;
Marriage Certificate of parents (if applicable);
Applicant’s identification sighted – drivers’ licence / passport / other;
Deed poll;
Declaration;
Fee paid. Revenue receipt No.: ........................
Name of the officer: ....................................... Signature: ...............................................

Date: / / 20......

FORM 3

Section 22(4)(b); Regulation 6

CN...../20....


REPUBLIC OF NAURU


Births Deaths and Marriages Registration Act 2017

DEED POLL FOR A PERSON WHO HAS ATTAINED THE AGE OF 18 YEARS

THIS CHANGE OF NAME DEED made this [DAY] day of [MONTH] 20................. by me, .................................... of.................. District, ............ (OCCUPATION), .... years of age, holder of birth certificate/marriage certificate do absolutely renounce and abandon the use of my registered name ....................................................................... and substitute in its place and assume from the date hereof the name of ..........................................................


NOW THIS DEED WITNESSES AND IT IS HEREBY DECLARED as follows:


  1. I formally and absolutely surrender, renounce, relinquish and abandon the use of my former name of [INSERT OLD NAME ] ("former name") and assume, adopt, embrace and determine to take and use exclusively as from the date of this Deed the name of [INSERT NEW FULL NAME] ("new name") in substitution for my former name of [INSERT OLD FULL NAME] .
  2. I shall at all times hereafter in all records, deeds, documents and other writings and in all actions, causes and proceedings as well as in all dealings, steps, transactions and things and on all occasions and circumstances whatsoever use and subscribe the new name in substitution for my former name so relinquished as aforesaid to the intent that I may hereafter be known, called and identified by the new name instead of my former name which is renounced.
  3. I authorise and require all persons at all times to identify, describe and address me by my new name.
SIGNED as a DEED AND DELIVERED by
the above-named (FULL NAME) in the presence of:
)
) ....................................................

..............................................................

BARRISTER AND SOLICITOR/COMMISSIONER FOR OATHS


FORM 4

Section 22; Regulation 7

CN...../20....


REPUBLIC OF NAURU


Births Deaths and Marriages Registration Act 2017

DEED POLL FOR CHANGE OF NAME OF A CHILD UNDER THE AGE OF 18 YEARS

THIS CHANGE OF NAME DEED made this [DAY] day of [MONTH] 20................. by me/us the undersigned (INSERT FULL NAME OF PARENT(S)) of (ADDRESS) on behalf of my [son/daughter] [INSERT NEW FULL NAME OF CHILD] formerly called or known as [INSERT OLD FULL NAME OF CHILD] .


NOW THIS DEED WITNESSES AND IT IS HEREBY DECLARED as follows:


  1. On behalf of my/our said [son/daughter] I/we formally and absolutely surrender, renounce, relinquish and abandon the use of [his/her] former name of [INSERT OLD NAME OF CHILD] ("former name") and assume, adopt, embrace and determine to take and use exclusively as from the date of this Deed the name of [INSERT NEW FULL NAME OF CHILD] ("new name") in substitution for [his/her] former name of [INSERT OLD FULL NAME OF CHILD] .
  2. On behalf of my/our said [son/daughter] I/we shall at all times hereafter in all records, deeds, documents and other writings and in all actions, causes and proceedings as well as in all dealings, steps, transactions and things and on all occasions and circumstances whatsoever use and subscribe the new name in substitution for [his/her] former name so relinquished as aforesaid to the intent that [he/she] may hereafter be known, called and identified by the new name instead of [his/her] former name which is renounced.
  3. On behalf of my/our said [son/daughter] I/we authorise and require all persons at all times to identify, describe and address my [son/daughter] by [his/her] new name.
SIGNED as a DEED AND DELIVERED by
the above-named (FULL NAME(S) OF PARENT(S)) on behalf of the above named [INSERT NEW FULL NAME OF CHILD] in the presence of:
)
) ....................................................
)
) .....................................................
)

..............................................................

BARRISTER AND SOLICITOR/COMMISSIONER FOR OATHS


FORM 5

Regulation 8

CN...../20....


DECLARATION BY PERSON WHO HAS ATTAINED THE AGE OF 18 YEARS

I, (name of applicant) of (address of applicant), do solemnly and sincerely declare that –

  1. I am the applicant and the person described in the .................................(birth/marriage certificate).
  2. I annex herewith a copy of a deed poll duly executed by me.
  3. I intend to change my name from ................................. (current name) to .................................................. (new name).
  4. I have no criminal conviction or any pending case before any court of law in the Republic of Nauru or elsewhere.
  5. I intend to change my name for the following reason(s):...........................................................................................................................................................................................
  6. To the best of my knowledge, information and belief, I have not been deported from any country.
  7. I have no ulterior or fraudulent motive to change my name other than the reason stated in paragraph 5.

And I make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declarations Act 1976 conscientiously believing the statements contained therein to be true in every particular.


DECLARED before me on this .......... day )
of ..................... 20.....and I certify that the )
contents herein were read over and explained )
by me to the Applicant in the .......................... ) ............................................
language and the Applicant appeared to )
understand the meaning and effect thereof. )


....................................................................................

BARRISTER AND SOLICITOR/COMMISSIONER FOR OATHS


Note:

(i) Any person making a false statement in a statutory declaration is guilty of an offence under the Oaths, Affirmation and Statutory Declarations Act 1976 and is liable to imprisonment for 5 years.
(ii) In the case of any deportation order made, please provide details for consideration by the Registrar.

FORM 6

Regulation 9

CN...../20....


DECLARATION BY APPLICANT(S) FOR CHANGE OF NAME OF CHILD UNDER THE AGE OF 18 YEARS

I/We, (name of applicant(s)) of (address of applicant(s)), do solemnly and sincerely declare that –

  1. I/We am/are the applicant(s) and the person(s) described in the .................................(birth/marriage certificate(s)).
  2. I/We annex herewith a copy of a deed poll duly executed by me/us.
  3. I/We intend to change my/our child’s name from .................................... (current name) to .................................................. (new name).
  4. I/We have no criminal conviction or any pending case before any court of law in the Republic of Nauru or elsewhere.
  5. I/We intend to change my/our child’s name for the following reason(s):...........................................................................................................................................................................................
  6. To the best of my/our knowledge, information and belief, my/our child has not been deported from any country.
  7. I/We have no ulterior or fraudulent motive to change my/our child’s name other than the reason stated in paragraph 5.

And I/we make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declarations Act 1976 conscientiously believing the statements contained therein to be true in every particular.


DECLARED before me on this .......... day )
of ..................... 20.....and I certify that the )
contents herein were read over and explained )
by me to the Applicant in the .......................... ) ............................................
language and the Applicant appeared to )
understand the meaning and effect thereof. )


....................................................................................

BARRISTER AND SOLICITOR/COMMISSIONER FOR OATHS


Note:

(i) Any person making a false statement in a statutory declaration is guilty of an offence under the Oaths, Affirmation and Statutory Declarations Act 1976 and is liable to imprisonment for 5 years.
(ii) In the case of any deportation order made, please provide details for consideration by the Registrar.

FORM 7

Regulation 12


NOTIFICATION OF CHANGE OF NAME



NOTICE is hereby given that a Deed Poll dated ............ of .................... 20..... and registered in the Registry of Births, Deaths and Marriages on ....... of ...................... 20.... I, ............................................. of ......................................, (MALE/FEMALE), (SINGLE/MARRIED), ................................., abandoned the name of ......................................................................... and assumed the name of ......................................................................................................

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