Stillbirths and Births (Miscellaneous Amendments) Act 2024

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 3]

Friday, February 16

[2024

The following Act was passed by Parliament on 9 January 2024 and assented to by the President on 6 February 2024:—

Stillbirths and Births
(Miscellaneous Amendments) Act 2024

(No. 2 of 2024)

I assent.

THARMAN SHANMUGARATNAM,

President.

6 February 2024.

Date of Commencement: 16 April 2024 Sections 2 to 8, Parts 2 and 3 and section 16(2) and (3)

An Act to amend the Registration of Births and Deaths Act 2021 in relation to stillbirths and births, to amend the Income Tax Act 1947 in relation to stillbirths, and to make consequential amendments to certain other Acts in relation to the Registration of Births and Deaths Act 2021.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act is the Stillbirths and Births (Miscellaneous Amendments) Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette.

PART 1

AMENDMENT OF REGISTRATION OF
BIRTHS AND DEATHS ACT 2021

Amendment of section 2

2. In the Registration of Births and Deaths Act 2021 (called in this Part the RBD Act), in section 2(1) —

(a)

in the definition of “birth particulars”, in paragraph (a), delete “, including a name for the child that complies with section 19(1) and is not refused by the Registrar‑General under section 19(2)”;

(b)

after the definition of “pathologist”, insert —

“ “permitted character”, for a name, means a character that the Registrar‑General specifies by notification in the Gazette;”; and

(c)

replace the definition of “stillborn child” with —

“ “stillborn child” means a child that —

(a)	issues from the child’s mother after the twenty‑fourth week of pregnancy; and
(b)	does not show any sign of life at any time after being completely expelled or extracted from the mother,

and, to avoid doubt, does not include a foetus that is aborted by or through treatment carried out for termination of pregnancy.”.

Amendment of section 8

3. In the RBD Act, in section 8 —

(a)

after subsection (1), insert —

“(1A) If the Registrar‑General registers a child’s birth under section 9(2) —

(a)	where the child’s birth is registered without a name for the child — the duty of a responsible person for the child under subsection (1)(a) to provide the child’s name continues despite the registration until the end of 7 years after the child’s birth;
(b)	where the child’s birth is registered without any other birth particular — the duty of a responsible person for the child under subsection (1)(a) to provide that birth particular continues despite the registration until that birth particular is provided to the Registrar‑General; and
(c)	the registration does not affect the liability of a responsible person for the child for an offence under subsection (4).”;

(b)

in subsections (3) and (4), replace “subsection (1)” with “subsection (1)(a) or (b)”; and

(c)

in subsection (3), replace “that subsection” with “that provision”.

Amendment of section 9

4. In the RBD Act, in section 9 —

(a)

in subsection (1), after “particulars”, insert “(whether from a responsible person mentioned in section 8(1) or any other person)”;

(b)

replace subsection (2) with —

“(2) The Registrar‑General may (at any time during or after the period mentioned in section 8(1)(a)) register a child’s birth despite receiving incomplete birth particulars for the child, if the Registrar‑General —

(a)	is satisfied that the child is born in Singapore; and
(b)	is of the opinion that the child’s birth is capable of being registered based on the birth particulars available to the Registrar‑General at that time.”; and

(c)

delete subsection (4).

Amendment of section 13

5. In the RBD Act, in section 13(2) —

(a)

in paragraph (a), delete “and” at the end;

(b)

in paragraph (b)(ii), replace the full‑stop at the end with “; and”; and

(c)

after paragraph (b), insert —

“(c)	where the birth particulars for the child are incomplete — is of the opinion that the child’s birth is capable of being registered based on the birth particulars available to the Registrar‑General at that time.”.

Amendment of section 14

6. In the RBD Act, in section 14 —

(a)

in subsection (1), replace “If” with “Subject to subsection (3), if”;

(b)

in subsection (1)(a) and (b), delete “in accordance with the adoption order and those particulars”;

(c)

in subsection (2)(a), replace “section 19” with “subsection (3)”; and

(d)

after subsection (2), insert —

“(3) If the name of an adopted child, as conferred by the adoption order, does not comply with section 19(1), or is refused by the Registrar‑General under section 19(2), the Registrar‑General may —

(a)	withhold registration or re‑registration (as the case may be) of the child’s birth under subsection (1) until the adoption order is amended to confer a name for the child that complies with section 19(1) and is not refused by the Registrar‑General under section 19(2); or
(b)	register or re‑register (as the case may be) the child’s birth under subsection (1) without a name for the child.

(4) If the Registrar‑General registers or re‑registers a child’s birth under subsection (1) without a name for the child, the Registrar‑General may enter an identifier for the child (in the form the Registrar‑General thinks fit) in the register of births.”.

Amendment of section 16

7. In the RBD Act, in section 16, replace subsection (3) with —

“(3) If subsection (2)(a) or (b) applies in respect of the child, the Registrar‑General may —

(a)	in the case of registration under section 9 or 13(2) — register the child’s birth under section 9(2) or 13(2) (as the case may be) without entering the particulars of either or both of the parents in the register; or
(b)	in the case of registration being considered under section 13(1) — refuse to register the child’s birth under that provision.”.

Amendment of section 19

8. In the RBD Act, in section 19, delete subsection (3).

New Division 3 of Part 5

9. In the RBD Act, in Part 5, after Division 2, insert —

“Division 3 — Name in register of stillbirths

Name for stillborn child

36A.—(1) A parent of a stillborn child may apply to the Registrar‑General for a name to be entered for the stillborn child in the register of stillbirths if —

(a)	the stillbirth is registered under section 34;
(b)	the stillbirth is reported under section 35(3) and the parent applies under section 36(1) for the stillbirth to be registered; or
(c)	the stillbirth is registered under section 36(4) without a name for the stillborn child.

(2) The application by the parent (called in this section the applicant) —

(a)	in the case of subsection (1)(a) or (c) — must be made within one year after the stillbirth; or
(b)	in the case of subsection (1)(b) — may be made together with the application under section 36(1) or while the application under section 36(1) is pending the Registrar‑General’s decision.

(3) The applicant must also provide to the Registrar‑General any information or evidence the Registrar‑General requires that supports the application, or verifies the accuracy of the matters contained in or accompanying the application, within the time the Registrar‑General requires.

(4) The Registrar‑General may enter the stillborn child’s name in the register if —

(a)	the Registrar‑General is satisfied that the applicant has complied with the requirements relating to the application; and
(b)	the name provided by the applicant for the stillborn child complies with section 36B(1), and the Registrar‑General does not refuse the name under section 36B(2).

Name in register of stillbirths

36B.—(1) The name of a stillborn child to be entered in the register of stillbirths —

(a)	must be in a form expressed in characters in the modern English alphabet;
(b)	may include a permitted character; and
(c)	must not exceed the number of characters permitted in the electronic form of the register for the entry of a name.

(2) The Registrar‑General may refuse to enter a stillborn child’s name in the register if the name —

(a)	contains anything that represents or resembles a title, a rank or an award;
(b)	where the name adopts a patronymic or matronymic naming system to signify lineage — includes any expression or abbreviation (for the purposes of that naming system) that does not correspond to the stillborn child’s sex entered or to be entered in the register;
(c)	is obscene or offensive; or
(d)	is contrary to the public interest.”.

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