childs name change

barjam_2

my brother split up from his ex a while back but has always had contact with his child ( child is now 5) when the child was registered for birth cert my brother was never put down as the father, something the girl talked my brother into (if she said jump! he'd say how high??) it now turns out she is getting married and the child is going to be taken the step fathers name cos the mother doesnt want the child to feel the odd one out:rolleyes: but i think my brother should insist she now change it to his name rather than the step father...... i have no input on this i know but has he any say in this with his name not being on the birth cert

the child is also calling the step fth daddy:mad: surely thats not right,
any advice and info will be greatly appreciated

Becles

We're they married when the child was born?

If so, he has parental responsibility and his wishes must be taken into account regarding the name change.

If they were not married and he is not on the birth certificate, then he doesn't have parental responsibility. He needs to obtain this first by applying to the courts, then he can have a say on the name change and other important decisions regarding the child.

I remarried and my children call their stepfather Dad. It wasn't something I encouragd - I just let them do what they felt most comfortable with and it was their decision to call him Dad.

benedictadams

barjam wrote: »

my brother split up from his ex a while back but has always had contact with his child ( child is now 5) when the child was registered for birth cert my brother was never put down as the father, something the girl talked my brother into (if she said jump! he'd say how high??) it now turns out she is getting married and the child is going to be taken the step fathers name cos the mother doesnt want the child to feel the odd one out:rolleyes: but i think my brother should insist she now change it to his name rather than the step father...... i have no input on this i know but has he any say in this with his name not being on the birth cert

the child is also calling the step fth daddy:mad: surely thats not right,
any advice and info will be greatly appreciated

In terms of the birth certificate i always thought it was a legal document and it is an offence not to disclose the father's name if known (but maybe totally wrong), so i think your brother should persue this

catwoman150

If your brother does not do anything about it and the child uses this new surname the child will have it for the rest of the child's life. It then becomes common usage and later on in life if the child wants to use your brothers surname then he will have to go through depo to get it changed.
But i don't know what happens if there is not surname on the birth cert though.

I do know that when the child becomes 16 and they get their NI card it comes with the surname that he is using then as they take it from the school records.

Hope that some of this helps.

lifeisgood

N.I. numbers are issued automatically to children whose names are on on a claim for child benefit, not school records.

This link may help.

http://www.fnf.org.uk/pro.htm

kelloggs36

unless he was present at the registration (if they weren't married) she wouldn't have been able to name him anyway. In order for him to have been named he would have had to have been present. This does not apply for married couples though. does he have contact etc? If so, and he isn't a stranger in the child's life, then I would apply to the Court for Parental Responsibility and then she cannot do this without his consent.

barjam_2

thanks for all the replies (not sure how to quote a lot on one page page)

no they were not married and no he wasn't present at the register.... knowing him he'll just say oh its ok..... he just cant see that he just does as she asks/says i think he has this fear that she can call all the shots regarding contact ect... even though he has had her for the past 4yrs every weekend and more when he's off work grrrrrr he is just being a doormat and can't see it:mad: :mad: :mad: :mad:

Hapless_2

I think he should see a solicitor as if he does not have parental responsibility then the "new daddy" can adopt the child without his permission.

skint_spice

If your brother isn't upset by it all then calm down - deep breaths etc... I can see your point of view but when a child is so young assuming the new husband has been around for a while it's probably her choice to call him daddy. as long as your brother stays around and they don't try to cut access then it's only a surname and she'll still know who her real dad is - blood is thicker than water....