Title: Births, Deaths and Marriages RegistrationRegulations 2026
Subject: Births, Deaths and MarriagesRegistration Act 1996
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 30.7.2026 to 31.8.2026

Historical version: 30.7.2026 to 31.8.2026—Regulations uncommenced

Births, Deaths and Marriages Registration Regulations 2026—30.7.2026 to 31.8.2026—uncommenced

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Part 1—Preliminary

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Preliminary—Part 1

Births, Deaths and Marriages Registration Regulations 2026—30.7.2026 to 31.8.2026—uncommenced
Part 2—Registration of births

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Registration of births—Part 2

Births, Deaths and Marriages Registration Regulations 2026—30.7.2026 to 31.8.2026—uncommenced
Part 3—Registration of change of name

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Registration of change of name—Part 3

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Part 4—Registration of change of sex or gender identity

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Registration of change of sex or gender identity—Part 4

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Part 5—Registration of deaths

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Registration of deaths—Part 5

Births, Deaths and Marriages Registration Regulations 2026—30.7.2026 to 31.8.2026—uncommenced
Part 6—Miscellaneous

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Miscellaneous—Part 6

Births, Deaths and Marriages Registration Regulations 2026—30.7.2026 to 31.8.2026—uncommenced
Schedule 1—Repeal of Births, Deaths and Marriages Registration Regulations 2011

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Repeal of Births, Deaths and Marriages Registration Regulations 2011—Schedule 1

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Legislative history

uncommenced—30.7.2026 to 31.8.2026—Births, Deaths and Marriages Registration Regulations 2026
Legislative history

South Australia
Births, Deaths and Marriages Registration Regulations 2026
under the Births, Deaths and Marriages Registration Act 1996

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
Part 2—Registration of births
4	Particulars required in notification of birth
5	Information to be included in birth registration statement
6	Particulars of birth to be included in Register
Part 3—Registration of change of name
7	Conferral of jurisdiction on South Australian Civil and Administrative Tribunal
8	Particulars of change of name to be included in the Register
Part 4—Registration of change of sex or gender identity
9	Recognised sex or gender identity
10	Appropriate clinical treatment—prescribed period in relation to counselling
11	Particulars of change of sex or gender identity to be included in the Register
12	Access to Register etc—prescribed persons and bodies
Part 5—Registration of deaths
13	Particulars required in notification by doctor
14	Particulars required in notification by funeral director etc
15	Particulars of death to be included in Register
Part 6—Miscellaneous
16	Registrar's signature and seal
17	Additional fees
Schedule 1—Repeal of Births, Deaths and Marriages Registration Regulations 2011
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Births, Deaths and Marriages Registration Regulations 2026.
2—Commencement
These regulations come into operation on 1 September 2026.
3—Interpretation
In these regulations—
Act means the Births, Deaths and Marriages Registration Act 1996;
court appointed guardian has the same meaning as in section 38A of the Act;
de facto relationship has the same meaning as in the Family Law Act 1975 of the Commonwealth;
fertilisation procedure has the same meaning as in section 10A(1) of the Family Relationships Act 1975;
parent includes—
	(a)	the mother and father of the child; and
	(b)	the mother and co‑parent of the child (within the meaning of the Family Relationships Act 1975); and
	(c)	the parent of a child under an order under section 18 of the Surrogacy Act 2019;
place of a birth, marriage or death, or at which a relationship was registered, means—
	(a)	where the birth, marriage or death (as the case may be) occurs, or the registered relationship was entered into, at a place that has an address—that address;
	(b)	where the birth, marriage or death (as the case may be) occurs, or the registered relationship was entered into, at a place that does not have an address—the general location in which the birth, marriage or death occurred or the registered relationship was entered into;
prescribed area has the same meaning as in section 8 of the Burial and Cremation Act 2013;
registered relationship means—
	(a)	a registered relationship under the Relationships Register Act 2016; or
	(b)	a corresponding law registered relationship (within the meaning of the Relationships Register Act 2016).

Part 2—Registration of births
4—Particulars required in notification of birth
A notice of the birth of a child to be given under section 12(1) of the Act must include the following particulars:
	(a)	whether the child was born alive;
	(b)	the date, time and place of the birth;
	(c)	the child's sex (if determined);
	(d)	the following information in relation to the child's mother:
	(i)	the mother's full name;
	(ii)	the mother's date of birth;
	(iii)	the mother's usual residential address;
	(iv)	the mother's email address and contact telephone number;
	(e)	the following information in relation to the doctor or midwife responsible for the professional care of the mother at the birth:
	(i)	the doctor or midwife's name;
	(ii)	the doctor or midwife's business address;
	(iii)	the doctor or midwife's email address and contact telephone number.
5—Information to be included in birth registration statement
A birth registration statement required to be lodged under section 14 of the Act in relation to the birth of a child must include the following information:
	(a)	the period of gestation of the child (in weeks) and whether the child was born alive;
	(b)	the date, time and place of the birth;
	(c)	the child's sex (if determined);
	(d)	the child's weight at birth (in grams);
	(e)	if the child was born alive—the child's name^1;
	(f)	if the child was conceived as a result of a fertilisation procedure—
	(i)	the name (if known) of the biological parent who donated the semen or ovum resulting in the child's birth (the donor); and
	(ii)	the sex or gender identity (if known) of the donor; and
	(iii)	the donor's date of birth and place of birth (if known);
	(g)	if the child was the product of a multiple birth—the total number of children born as a result of the multiple birth and the place in the order of birth occupied by the child;
	(h)	the full name of the child's mother and, if it is different to her current name, the mother's name at birth (or on adoption);
	(i)	the date of birth (or age in years if the date of birth is not available), place of birth, occupation and usual residential address of the child's mother;
	(j)	the full name of the child's father or co‑parent (as the case requires) and, if it is different to their current name, the father or co‑parent's name at birth (or on adoption);
	(k)	the date of birth (or age in years if the date of birth is not available), place of birth, occupation and usual residential address of the child's father or co‑parent (as the case requires);
	(l)	if the mother, father or co‑parent of the child was born overseas—their period of residence in Australia or, if they have had more than 1 period of residence in Australia, the aggregate of those periods;
	(m)	the chosen parenting title of any co‑parent of the child;
	(n)	if the child's parents are married or in a registered relationship—
	(i)	the date on which the marriage took place or the registered relationship commenced (as the case requires); and
	(ii)	the place at which the marriage occurred or the registered relationship was entered into (as the case requires);
	(o)	the name, sex or gender identity and date of birth of each previous child of the child's mother and father or the child's mother and co‑parent (as the case requires);
	(p)	the name, sex or gender identity and date of birth of each previous child of—
	(i)	the child's mother and a person other than the child's father or co‑parent (as the case requires); and
	(ii)	the child's father or co‑parent (as the case requires) and a person other than the child's mother;
	(q)	whether the child's mother is of Aboriginal or Torres Strait Islander descent (or both);
	(r)	whether the child's father or co‑parent (as the case requires) is of Aboriginal or Torres Strait Islander descent (or both);
	(s)	whether the child is of Aboriginal or Torres Strait Islander descent (or both);
	(t)	the name and business address of the doctor or midwife responsible for the professional care of the mother at the birth.
Note—
1	In the case of a still‑born child the birth registration statement may, but need not, state the name of the child—see section 21 of the Act.
6—Particulars of birth to be included in Register
An entry to be made in the Register under section 17(1) of the Act about the birth of a child must include the following particulars:
	(a)	whether the child was born alive;
	(b)	the date, time and place of the birth;
	(c)	the child's sex (if determined);
	(d)	if the child was born alive—the child's name^1;
	(e)	if the child was conceived as a result of a fertilisation procedure—
	(i)	the name (if known) of the biological parent who donated the semen or ovum resulting in the child's birth (the donor); and
	(ii)	the sex or gender identity (if known) of the donor; and
	(iii)	the donor's date of birth and place of birth (if known);
	(f)	the name of the child's mother and, if it is different to her current name, the mother's name at birth (or on adoption);
	(g)	the date of birth (or age in years if the date of birth is not available), place of birth, occupation and usual residential address of the child's mother;
	(h)	the name of the child's father or co‑parent (as required) and, if it is different to their current name, the father or co‑parent's name at birth (or on adoption);
	(i)	the date of birth (or age in years if the date of birth is not available), place of birth, occupation and usual residential address of the child's father or co‑parent (as the case requires);
	(j)	the chosen parenting title of any co‑parent of the child;
	(k)	if the child's parents are married or in a registered relationship—
	(i)	the date on which the marriage took place or the registered relationship commenced (as the case requires); and
	(ii)	the place at which the marriage occurred or the registered relationship was entered into (as the case requires);
	(l)	the name, sex or gender identity and date of birth of each previous child of the child's mother and father or co‑parent (as the case requires);
	(m)	the name, sex or gender identity and date of birth of each previous child of—
	(i)	the child's mother and a person other than the child's father or co‑parent (as the case requires); and
	(ii)	the child's father or co‑parent (as the case requires) and a person other than the child's mother;
	(n)	the name, usual residential address and relationship to the child of each person who signed the birth registration statement;
	(o)	whether the child's mother is of Aboriginal or Torres Strait Islander descent (or both);
	(p)	whether the child's father or co-parent (as the case requires) is of Aboriginal or Torres Strait Islander descent (or both);
	(q)	whether the child is of Aboriginal or Torres Strait Islander descent (or both).
Note—
1	In the case of a still‑born child the birth registration statement may, but need not, state the name of the child—see section 21 of the Act.

Part 3—Registration of change of name
7—Conferral of jurisdiction on South Australian Civil and Administrative Tribunal
	(1)	Pursuant to section 25A(9) of the Act, the South Australian Civil and Administrative Tribunal is conferred with jurisdiction to deal with matters consisting of the review of a decision of the Chief Executive under section 25A of the Act.
	(2)	An application for review of a decision relating to a particular child may be made to the South Australian Civil and Administrative Tribunal by—
	(a)	a person who is a guardian of the child pursuant to an order of the Court under the Children and Young People (Safety) Act 2017 or the Children and Young People (Safety and Support) Act 2025; or
	(b)	a parent of the child; or
	(c)	the child.
	(3)	An application must be made within 28 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).
8—Particulars of change of name to be included in the Register
An entry to be made in the Register under section 28(1) of the Act about a person's change of name must include the following particulars:
	(a)	the person's name immediately before registration of the change and any other name previously registered to the person;
	(b)	the person's name following registration of the change;
	(c)	the person's date and place of birth;
	(d)	the person's sex or gender identity;
	(e)	the date on which the entry was made.

Part 4—Registration of change of sex or gender identity
9—Recognised sex or gender identity
For the purposes of Part 4A of the Act, each of the following is a recognised sex or gender identity:
	(a)	male;
	(b)	female;
	(c)	non-binary;
	(d)	indeterminate/intersex/unspecified.
10—Appropriate clinical treatment—prescribed period in relation to counselling
In accordance with section 29H(3) of the Act, for the purposes of determining whether or not clinical treatment constituted by counselling only is to be regarded as a sufficient amount of appropriate clinical treatment, the prescribed period may be comprised of—
	(a)	at least 3 separate counselling sessions aggregating 135 minutes; or
	(b)	counselling sessions occurring over a period of at least 6 months.
11—Particulars of change of sex or gender identity to be included in the Register
An entry to be made in the Register under section 29L of the Act about a person's change of sex or gender identity must include the following particulars:
	(a)	the person's name;
	(b)	the person's sex or gender identity following registration of the change;
	(c)	the person's date and place of birth;
	(d)	the date on which the entry was made.
12—Access to Register etc—prescribed persons and bodies
For the purposes of section 29M(2)(b)(v) of the Act, the following persons and bodies may be allowed access to information on, or the issue of an extract or certificate from, the Register showing a person's sex or gender identity before the registration of a change in sex or gender identity of that person:
	(a)	the person's spouse or domestic partner;
	(b)	a parent or guardian of the person;
	(c)	an executor or administrator of the person's estate;
	(d)	an officer or employee of any of the following bodies:
	(i)	South Australia Police, or the police force of another State, or of a Territory;
	(ii)	the Australian Federal Police;
	(iii)	the Australian Criminal Intelligence Commission;
	(iv)	the office of the Director of Public Prosecutions of this State, or of the Commonwealth, or of another State, or of a Territory;
	(v)	the Independent Commission Against Corruption;
	(vi)	the Office for Public Integrity;
	(e)	a legal practitioner authorised to access such information by the person, a child of the person or a person referred to in a preceding paragraph.

Part 5—Registration of deaths
13—Particulars required in notification by doctor
A notice of the death of a person to be given under section 36(1) of the Act must include the following particulars:
	(a)	the deceased's name;
	(b)	the deceased's date of birth (if known);
	(c)	the deceased's age at the deceased's last birthday;
	(d)	the deceased's sex or gender identity (if known);
	(e)	the date and place of death;
	(f)	whether the deceased was of Aboriginal or Torres Strait Islander descent (or both);
	(g)	the name, business address, email address and contact telephone number of the doctor providing the notification.
14—Particulars required in notification by funeral director etc
A statement to be given under section 38(1) or (3) of the Act, relating to the disposal of human remains, must include the following information:
	(a)	the deceased's date and place of birth (if known);
	(b)	the deceased's age at the deceased's last birthday;
	(c)	the deceased's sex or gender identity (if known);
	(d)	the date and place of death;
	(e)	whether the deceased was of Aboriginal or Torres Strait Islander descent (or both);
	(f)	if the deceased was of or over the age of 16 years, the following information:
	(i)	the deceased's marital status at the time of death;
	(ii)	the deceased's registered relationship status at the time of death;
	(iii)	whether, at the time of death, the deceased was in a de facto relationship;
	(g)	in relation to each marriage of the deceased—the deceased's age at the date of the marriage and the name of the person that the deceased married;
	(h)	in relation to each registered relationship entered into by the deceased—the deceased's age at the commencement of the registered relationship and the name of the other person in the relationship;
	(i)	if, at the time of the deceased's death, the deceased was in a de facto relationship—the name of the other person in the relationship;
	(j)	if the deceased was of or over the age of 15 years—the deceased's occupation and whether the deceased was retired at the date of death;
	(k)	if the deceased was born overseas—the deceased's period of residence in Australia or, if the deceased had more than 1 period of residence in Australia, the aggregate of those periods;
	(l)	the name, sex or gender identity and date of birth of each child of the deceased born prior to the death of the deceased;
	(m)	the names of the deceased's parents and, if a parent's name is different to the parent's name at birth, the name of the parent at birth (or on adoption);
	(n)	if the deceased was under the age of 15 years—the deceased's parents' occupations;
	(o)	—
	(i)	if a doctor's certificate as to the cause of death was given under section 36(3) of the Act—the name, business address, email address and contact telephone number of the doctor;
	(ii)	if an authorisation for the disposal of human remains was issued under the Coroners Act 2003—the date of issue and the name of the person who issued it;
	(p)	if the deceased's remains were interred in a prescribed area outside a cemetery or natural burial ground—
	(i)	the address of the property where the deceased's remains were interred; and
	(ii)	the certificate of title reference for the property; and
	(iii)	the GPS coordinates of the interment site;
	(q)	the name and address of the person who gives the Registrar the statement;
	(r)	the name and address of any person who provides information used in the preparation of the statement and the relationship of any such person to the deceased;
	(s)	if the information is provided in accordance with section 38(3)—an explanation of the reason the remains were not disposed of within 30 days after the date of death.
15—Particulars of death to be included in Register
	(1)	An entry to be made in the Register under section 39(1) of the Act about the death of a person must include the following particulars:
	(a)	the deceased's name and last residential address;
	(b)	the deceased's place of birth;
	(c)	the deceased's date of birth;
	(d)	the deceased's age at the deceased's last birthday;
	(e)	the deceased's sex or gender identity (if known);
	(f)	the date and place of death;
	(g)	whether the deceased was of Aboriginal or Torres Strait Islander descent (or both);
	(h)	if the deceased was of or over the age of 16 years, the following information:
	(i)	the deceased's marital status at the time of death;
	(ii)	the deceased's registered relationship status at the time of death;
	(iii)	whether, at the time of death, the deceased was in a de facto relationship;
	(i)	in relation to each marriage of the deceased—the deceased's age at the date of the marriage and the name of the person that the deceased married;
	(j)	in relation to each registered relationship entered into by the deceased—the deceased's age at the commencement of the registered relationship and the name of the other person in the relationship;
	(k)	if, at the time of the deceased's death, the deceased was in a de facto relationship—the name of the other person in the relationship;
	(l)	if the deceased was of or over the age of 15 years—the deceased's occupation;
	(m)	if the deceased was born overseas—the deceased's period of residence in Australia or, if the deceased had more than 1 period of residence in Australia, the aggregate of those periods;
	(n)	the name, sex or gender identity and date of birth of each child of the deceased born prior to the death of the deceased;
	(o)	the names of the deceased's parents and, if a parent's name is different to the parent's name at birth, the name of the parent at birth (or on adoption);
	(p)	the cause of death as certified by a doctor in accordance with section 36(3) of the Act and the length of time that the deceased had the illness or condition (if any) that caused the death;
	(q)	the date and place of disposal of the deceased's remains;
	(r)	the name and address of the person who gave the Registrar a statement under section 38 of the Act;
	(s)	the name and address of any person who provided information used in the preparation of a statement given to the Registrar under section 38 of the Act and the relationship of any such person to the deceased;
	(t)	if a court appointed guardian has given the Registrar a notice under section 38A of the Act—the name and address of the court appointed guardian.
	(2)	If the deceased's remains were interred in a prescribed area outside a cemetery or natural burial ground, the entry to be made in the Register as to the place of disposal must include—
	(a)	the address of the property where the deceased's remains were interred; and
	(b)	the certificate of title reference for the property; and
	(c)	the GPS coordinates of the interment site.

Part 6—Miscellaneous
16—Registrar's signature and seal
The production of a facsimile of the Registrar's signature and seal by computer is an authorised method for the purposes of section 10(1) of the Act.
17—Additional fees
The Registrar may charge a fee for providing a service relating to the registration of a registrable event for which a fee is not otherwise prescribed under the Act.

Schedule 1—Repeal of Births, Deaths and Marriages Registration Regulations 2011
The Births, Deaths and Marriages Registration Regulations 2011 are repealed.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year | No | Reference | Commencement
2026 | 56 | Gazette 30.7.2026 p2408 | 1.9.2026: r 2

[1.9.2026] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [1.9.2026]