Doctors need sufficient knowledge of the legislation concerning births notification, reproductive technology, child protection and family law to ensure they fulfil any statutory duties relating to their medical practice in these areas. In addition doctors may be the first to recognise the possibility of child abuse and thus should be aware of the relevant laws in this area. In regard to reproductive technology and the treatment of infertility, this chapter is restricted to the legal and regulatory aspects and does not attempt to address the ethical and social issues surrounding this specialised area.

NOTIFICATION OF BIRTHS (INCLUDING STILLBIRTHS)

It is a legal requirement of the births, deaths and marriages registration Acts of the states and territories that the name, sex, parentage and date and place of birth of all newborn children be provided to the respective registrars of birth. The Acts place the onus of notification primarily on the chief executive officer of a hospital where a child is born in a hospital and on the doctor or midwife if the child is born elsewhere. In addition, the parents are identified as having a responsibility to register a birth. The general principles in regard to notification of births are the same in each jurisdiction, but there are differences in the period of grace before notification. The relevant legislation and the time frames for notification of live and still births are summarised in Table 20.1.