advice regarding name on birth certificate and rights

shelovestobuystuff

ricflairandy wrote: »

Hi all,

Wondering if anyone could hel pme out with the following

If a man wanted his name on his 2 year old sons birth certificate, but the mother of the child is refusing as she thinks it will effect her benefits. Where would the man stand legally on this?

I dont think the father can have your name added to the birth certificate now but they can apply to a court to grant you parental responsibilities and rights.The father has the child 4 or 5 night a week then he should be registered as the main carer IMO.

Lalique_2

Pam17 wrote: »

I didn't say the PWC's benefits would be reduced I said the CSA may approach the NRP to recoup some of the money the state is paying to the PWC out of the public purse.

AsknAnswer is correct too in that fathers who are named on the birth certificate don't necessarily have any greater parental rights than those not named whether they want them or not.


Edit: just read ricflairandy's post no 7. I think it's lovely for both parents to get on so well and for the NRP to have such a close relationship with the child. I'm not sure that getting the name on the birth certificate will make the arrangement any more secure but getting a bit of legal advice wouldn't hurt.

Actually, fathers named on a birth certificate acquire automatic parental responsibility in line with the mother. Fathers not named on the birth certificate don't & need to go to court to acquire PR. This became effective on 1 December 2003 & applies to all births registered after this date.

Father can apply to have the birth re-registered & his name put on the birth certificate by either filling in form GRO 185 if partner consents & taking it into the registry office (this costs less than £5) OR by getting a court order to have this done. Father can also apply for a residence order as he has the child over for 4/5 nights weekly.

pupsicola

I agree with lalique.

In case he pursues it and does get his name on the certificate you still have alot of rights. Your benefits should not be affected. When I applied for income support they wanted to know all about my kids dad as his name did appear on the birth certificates. I went along for an interview and gave my reasons why I did not wish to pursue him for maintenance. In my case it is dangerous if he finds out where we are. These reasons were accepted. Im sure the law changed in October last year though too giving more rights to the mother anyway.

Check with citizens advice

Sarah

AsknAnswer

Lalique wrote: »

Actually, fathers named on a birth certificate acquire automatic parental responsibility in line with the mother. Fathers not named on the birth certificate don't & need to go to court to acquire PR. This became effective on 1 December 2003 & applies to all births registered after this date.

Just to point out that in Scotland it didn't become effective until 4th May 2006 - in case there are any Scottish members who don't realise that.