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Father's Name on Birth Certificate

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  • Mer0176
    Mer0176 Posts: 210 Forumite
    Tsstss7 is correct, father named on Birth Cert gives parental rights to father
  • tsstss7
    tsstss7 Posts: 1,255 Forumite
    Part of the Furniture Combo Breaker
    Mer0176 wrote: »
    I'm sorry but I disagree, unless the law has changed since 1997 this is not the case, please read my post above - he would have to go to court to sign Parental Responsibility agreement with ex-partner present, if not and anything happened without this being signed, he would have to go to court to gain access/custody against her next of kin.;)

    The law has changed since 1997 - a father named on the birth certificate gets automatic parental responsibility which amoung other things gives him the SAME right to your child as you unless there is a court desicion to say otherwise.

    You cannot change the childs name without his permission, he has a right to be included in any decision about the childs schooling, religion etc.

    As far as I can remember it also means you have to ask him if you want to take the child out of the country for longer than a month (?).

    There re prob a few more rights that go with this status but basically the father with parental responsibility has pretty much equal rights to the mother in law - any disagreements can be argued in court if need be but you are considered to be joint parents of the child.
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  • Mer0176
    Mer0176 Posts: 210 Forumite
    tsstss7 wrote: »
    The law has changed since 1997 - a father named on the birth certificate gets automatic parental responsibility which amoung other things gives him the SAME right to your child as you unless there is a court desicion to say otherwise.

    You cannot change the childs name without his permission, he has a right to be included in any decision about the childs schooling, religion etc.

    As far as I can remember it also means you have to ask him if you want to take the child out of the country for longer than a month (?).

    There re prob a few more rights that go with this status but basically the father with parental responsibility has pretty much equal rights to the mother in law - any disagreements can be argued in court if need be but you are considered to be joint parents of the child.

    Hi, thanks for that, I stand corrected:o I forgot how long ago 1997 was:o
  • If you put him on bc he will have to be there, he will then get pr, only way you can go abroad without getting his permission is if you get a residency order. If he doesnt really want anything to do with baby then chances are he wont agree to having his name on the bc

    Fathers that are on bc and not married to the mothers pre dec 1 2003 dont have pr, but they changed it so that any child born after 1st dec 2003 and father is named, the father has pr
  • squibbs25
    squibbs25 Posts: 1,324 Forumite
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    So if a child was born in 2002, and the parents were not married but got married in before 1st dec 2003 would that dad have PR?
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  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    I am currently pregnant but the father of my baby does not want anything to do with her. I dont mind his name being on the birth certificate (as I wouldnt want my daughter to grow up with father unknown stated on a legal document when we know who her father is) but am more concerned that if anything happens to me, I would need to know if he would get automatic custody of a child he doesnt even want.

    I have arranged for her to be looked after by my other daughter's godparents should I no longer be able to do so myself, but am not sure legally if a will or other legal document would out weigh his name being on the birth certificate.

    And if I did go down the route of saying I didnt know who the father was to ensure she didnt end up with someone who has little interest in her, what implications would there be for her or me in the future.

    Thanks
    The birth certificate where the father's details are will be left empty it will not have "father unknown". You will still be able to claim child support from the father even if he is not named on the birth certificate.

    He may deny he is the father but that could be sorted by getting a DNA test if you go via the CSA.
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  • clairec79
    clairec79 Posts: 2,512 Forumite
    squibbs25 wrote: »
    So if a child was born in 2002, and the parents were not married but got married in before 1st dec 2003 would that dad have PR?

    I believe so, providing he was on the birth certificate - I vaguely remember with my eldest them saying something similar about 'if we got married in the future'
  • Krystaltips
    Krystaltips Posts: 9,220 Forumite
    Like a couple of people have mentioned on here, I would think twice about putting his name on the certificate and giving him 'parental responsibility' He might not want to know at the moment but you don't know what will happen in the future, or how much trouble he could cause you... And like Zara said, it will not have 'father unknown' on the certificate. The space will just be blank.

    Legally you can have guardianship papers drawn up so that if anything happens to you, you can nominate someone to take on the child... A solicitor can do this at the same time as writing a will. You can also nominate someone to have parental responsibility if you're sharing a lot of care with them, it is done through the courts... But needs the permission of everyone with parental responsibility already...
    A very proud Mummy to 3 beautiful girls... I do pity my husband though, he's the one to suffer the hormones...
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  • If you want your daughter to know who her father is, maybe you could have the BC space left blank (so that he doesn't get PR), but put a letter with it saying who he is and why this decision was made?

    Also doesn't he still have to pay Child Maintenance, even if he is not on the certificate?
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  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    Also doesn't he still have to pay Child Maintenance, even if he is not on the certificate?
    Yes the OP can claim child support even if he is not on the certificate. Nowadays though since the changes took place i don't think it's compulsory (i could well be wrong on that point as i'm not up to date with the changes)
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