Consultation launched on proposals to modernise birth registration in the Bailiwick
- Public consultation launched on modernising Bailiwick birth registration laws, which date back to 1935
- Key proposal would allow same-sex female couples to both be named on birth certificates without adoption, provided conception occurred through approved clinic
- Parental orders proposed for surrogate arrangements, offering quicker and less costly route than adoption
- Committee also consulting on whether to make it compulsory to record use of donated eggs, sperm or embryos regardless of parents' sexual orientation
- Consultation runs until 29 June 2026, with all feedback to be anonymised and used to shape final proposals
The Policy & Resources Committee has launched a public consultation on proposals to modernise the Bailiwick of Guernsey's birth registration process, inviting islanders to share their views on changes designed to better reflect diverse family structures.
The consultation, which runs until 29 June, follows a 2020 States decision that the birth registration system should recognise a wider range of family types, including same-sex couples, unmarried couples, and single parents, alongside heterosexual couples.
The current legislation governing birth and death registration, the Loi relative à l'Enregistrement des Naissances et Décès dans le Bailliage de I'Ile de Guernsey, dates back to 1935.
The Committee, after consulting with Health & Social Care and Employment & Social Security, is now seeking public input on detailed proposals that aim to deliver on the 2020 direction.
Among the key proposals is the introduction of a 'second parent' option on birth certificates. This would allow same-sex female couples to both be named on the birth certificate without needing to go through the adoption process.
To protect the child's right to information about their biological origins, conception would need to have taken place through an HSC-approved clinic such as a Human Fertilisation and Embryology Authority (HFEA) clinic that maintains an open donor list. These clinics keep records that the child can access once they turn 18.
As part of this proposal, the Committee is also consulting on whether it should become compulsory to record when donated eggs, sperm or embryos have been used, regardless of the parents' sexual orientation.
This would ensure that all children conceived through donation have the same opportunity to access information about their biological parentage once they reach adulthood.
The consultation also proposes introducing parental orders for those who use a surrogate. Parental orders would provide an alternative route to legal parenthood that is quicker and less costly than adoption. As in the UK, at least one intended parent would need to be biologically related to the child.
Updates to the 'Declaration of Birth' (Form A) are also proposed, including allowing both parents to record their occupation and any previous names, rather than limiting this information to the father's occupation and the mother's maiden name.
The consultation seeks views on secondary proposals, such as whether the birth register should indicate when a donor has been used, and whether electronic signatures should be accepted.
Deputy Yvonne Burford, children and families lead for the Policy & Resources Committee, said: "These proposals respond to a decision of the States made in 2020 to help ensure that our laws on birth registration reflect the reality of modern family life while keeping the rights and wellbeing of the child firmly at the centre of every decision.
"We know that families are formed in many ways, and our legislation needs to support that in a fair, transparent and responsible way. We are encouraging islanders to share their views so that the final proposals are as robust as possible."
Information on all the proposals can be found in the Further Reading section of the webpage at gov.gg/birthregconsultation.
Islanders wishing to comment on any of the working proposals can email [email protected] to provide feedback. By submitting feedback, respondents confirm they have read the Fair Processing Notice linked in the consultation materials.
All feedback will be anonymised and any identifying information deleted after fifteen weeks, or eight weeks from the close of the consultation. The feedback will help shape the final proposals for modernising birth registration legislation and processes.
The consultation closes at midnight on Monday 29 June.
Q&A
Q: When does the consultation close?
A: The consultation closes at midnight on Monday 29 June 2026.
Q: How can islanders submit their views?
A: Islanders can email their feedback to [email protected]. By submitting feedback, respondents confirm they have read the Fair Processing Notice linked in the consultation materials.
Q: What is the main requirement for same-sex couples to both be named on a birth certificate under the proposals?
A: Conception would need to have taken place through an HSC-approved clinic such as a Human Fertilisation and Embryology Authority clinic that maintains an open donor list, to protect the child's right to information about their biological origins.
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