Cap. 16 Art. 278Particularsofactof birth.

(1) Every act of birth shall be drawn up in accordance with Form C in Part II of the First Schedule to this Code and, saving any other provisions, it shall contain the following particulars:

(a) the date of the act itself;

(b) the hour, day, month, year, and place of birth;

(c) the sex of the child:

Provided that where the gender identity of the minor is not yet determined, the sex may be recorded as undeclared until it is so determined. Provided also that, for the purposes of this article, the term "sex" shall also include the term "gender", so however that it shall only include the female gender and the male gender;

(d) the name given to the child, and, where more names are given, a special indication of the name or names by which the child is to be called and the surname of the child;

(e) the name, surname, a legally valid identification document, age, place of birth and residence of the parents of the child, and the person making the declaration: Provided that:

(i) where the child is born in wedlock, an indication of the marriage contracted between the spouses shall be stated in the Act of Birth;

(ii) when a child is born more than three hundred days from the legal separation, divorce or annulment of the marriage of the person who gave birth no reference shall be made to such legal separation, divorce or annulment of marriage of the person who gave birth;

(iii) when a child is born less than three hundred days from the legal separation, divorce or annulment of the marriage of the person who gave birth a reference shall be made to such fact in the act of birth instead of the indication made by virtue of paragraph (i) of this proviso;

(iv) where the provisions of article 280(2)(a) apply a reference to such fact shall be made in the act of birth;

(f) the name and surname of the parents of each of the parents of the child, and of the parents of the person making the declaration, stating whether the are alive or dead.

(2) Without prejudice to the proviso of sub-article (1)(c), in the event that any conflict arises in relation to the registration of the sex of the child, the parents shall, within thirty (30) days from the day when the notice of birth is given, file an application before the Civil Court (Voluntary Jurisdiction Section), requesting the Court to order, after considering the best interests of the child, the sex of the child that shall be registered on the Act of Birth: Provided that if such application is not so filed within the time specified in this sub-article, the officer charged with the duty of drawing up the Act of Birth shall register the sex as undeclared.