Putting husbands name on birth certificate - not the father

pseudonym

Hi, i'm just after a bit advice. My sister in law has a little boy from a previous relationship. The boys father walked out on them before he was born and refused to put his name on the birth certificate. By all accounts he was no great loss and has shown no interest in the child (now 11)

Sister in law met my brother when LO was 2 and married when he was 5. They went on to have another son who is now 8. My brother has been the perfect dad to her son and loves him like his own. 11 year old knows he has another dad but has shown no interest in him and sister in law has never (to my knowledge) said a bad word against him.

She has recently mentioned not liking the fact that the 'dad' section of the birth certificate is empty and thought it would be nice if my brother was named but doesn't want to do anything that would be breaking the law. A google search on this just brings up absent fathers being named on birth certificates but we can't find anything that gives advice on knowingly putting a step father on there.

Her ex pays maintenance through a private agreement.

Please don't shoot me down in flames for asking, they in no way want to break the law or do anything immoral but just wondered if this was possible.

duchy

Would the natural father be open to the step father adopting him (this would of course mean that maintaince would stop as the bio father would be giving up all parental rights)

If a blank space on a birth certificate that no-one sees (the child can use the short version which doesn't have the Mother/Father bit) means that much to your sister that she wants to pay solicitors fees and lose child support then it is possible but would need the bio father's agreement and legal consent.

I never saw the full version of my birth certificate until I was an adult (my birth details were amended when I was seven when my parents finally got married and my father was added to the certificate -something I knew nothing about until much later) and never had any problems getting a UK passport, getting married or anything else with the short version.

pseudonym

she has no way of contacting the ex but I don't think he has any parental responsibility as his name isn't on the birth certificate

newcook

pseudonym wrote: »

she has no way of contacting the ex but I don't think he has any parental responsibility as his name isn't on the birth certificate

I know a lot of people slate it but have you tried searching for him on facebook and making contact that way?

epsilondraconis

If the ex pays maintenance through a private arrangement; how is it that they cannot be contacted?

pseudonym

I believe he paid through the csa for a while until she contacted him at his parents to arrange a private agreement (parents have since moved) there is no forwarding address or phone numbers available.

miss_hh

If he pays maintenance through a private agreement can she not seek contact through this method?

Your only option is if the step-dad adopts your son.

heretolearn_2

edit...oh never mind, I got all mixed up there who was married to who and when.

No - they can't just add him as the father. If he was the biological father of a child born before the marriage, yes, then you re-register the birth. But he isn't the biological father and to add him would be to lie on a legal document. Who knows what trouble this could store up for the future...

Adoption seems to be the best solution, then an adoption certificate is issued to replace the birth certificate. To all intents and purposes, the same thing. It seems unlikely the bio-dad would refuse permission, he isn't interested in his son and would probably like to stop paying maintenance. There must be some way of contacting him - but if there isn't, it's possible to do it in his continued absence.

pseudonym

I didn't know that contact details could be got through that method! May be worth a shot thank you. I don't think they have an amicable relationship but will definitely pass this on to her.

So just to clarify, to go to the registry office and register my brother as LO's dad would be against the law? I thought it was to be honest but as I say I wasn't sure so didn't like to advise either way.

pseudonym

sorry heretolearn, our posts crossed

pseudonym

Just to add, SIL was never married to LO's dad