Putting husbands name on birth certificate - not the father

Mojisola

duchy wrote: »

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 filling in the blank space is really so important, this is the way to go.

It's really important in families where the children have different fathers that they have wills in place. Without a will, only spouses, blood relations and legally adopted children can inherit.

duchy

As payment is made presumably through the bank -the father can be contacted that way.

TBH It sounds like a lot of messing about and legal expense for little good reason-the child knows who his "real Dad" is (nothing to do with biology) . Really it depends if it's worth it to your sister but (apart from making sure wills etc make clear her wishes who would look after the child if she died as legally the step dad has no automatic claim) adoption is expensive and would need involving the natural father.

vax2002

I think you have misunderstood what a birth certificate is.
It is a document with foundation in Sea law that creates a LEGAL FICTION, the legal fiction is also known as a person, or strawman, with the name shown in capitals as a company would be.
The person names on your birth certificate is your legal fiction, you are a human.
The people registering the "birth" from the birth canal (sea law) are the informants, the qualification of the informants are listed "mother father" they can be Legal Guardian, or trustee, therefore you can not list your qualification to register as father if you are indeed not the father as it is a legal document.

duchy

pseudonym wrote: »

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.

Yes it is illegal to make a false declaration (punishable by fine or imprisonment) -and in years to come could cause an unholy mess with inheritance as the child would be an heir to the step Dad's estate and it could come out then as presumably family members would know he wasn't his natural father. The child could end up as an adult with huge legal bills to sort out the mess his mother made with the false declaration.

Really just two options -adoption -or let things lie -use the short version of the birth cert and make sure wills are made.

pseudonym

Thank you. To be honest you have confirmed my thinking too but had promised to look into it for her. I will show her this thread and hopefully it will help her.

Thank you again everyone and for not judging too

rachbc

Step dad could adopt but would have to go through the same social services assessment as a family adopting a non related child and mum would also have to adopt him!

My BIL in simlar circs got parental responsibilty for the step child insted - doesn't solve the birth cert issue but avoids breaking the law but adding his name

duchy

Nothing to judge

I'm glad you asked before your sister ended up in deep do-doo !

adouglasmhor

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

His name not being on the Birth Cert has SFA to do with parental responsibility.

adouglasmhor

vax2002 wrote: »

I think you have misunderstood what a birth certificate is.
It is a document with foundation in Sea law that creates a LEGAL FICTION, the legal fiction is also known as a person, or strawman, with the name shown in capitals as a company would be.
The person names on your birth certificate is your legal fiction, you are a human.
The people registering the "birth" from the birth canal (sea law) are the informants, the qualification of the informants are listed "mother father" they can be Legal Guardian, or trustee, therefore you can not list your qualification to register as father if you are indeed not the father as it is a legal document.

If sea law was applicable you would be getting thrown over the side sewn into a sack with a cannonball. stop posting your fantasies over things which do not concern you.

fawd1

rachbc wrote: »

Step dad could adopt but would have to go through the same social services assessment as a family adopting a non related child and mum would also have to adopt him!

My BIL in simlar circs got parental responsibilty for the step child insted - doesn't solve the birth cert issue but avoids breaking the law but adding his name

I'm not saying your wrong because I really haven't got a clue , but how can it be possible that the mother would have to adopt him as welll??? I'm trying to imagine how that could ever work, would she have to give him up first and then what, adopt him back?