

The recent fictional TV series, Playing Nice, based on a book by the same name was reviewed by Anita Singh, for The Telegraph, who said, a “child-swap thriller doesn’t need to be believable to be addictive”.
Sharon Williams, Family Lawyer at Sinclair Law Solicitors, based in Wilmslow and Bramhall comments,

“Whilst the story itself is purely fictional, issues were raised within the series in respect of paternity, registering a child’s birth and the benefits of being named on your child’s birth certificate.”
The birth certificate is more than just a legal document that records the birth of a child.
It is a crucial piece of identity that establishes various legal rights and responsibilities. It can come into question whether the father’s name should be included on the birth certificate, especially in circumstances where the biological parents separate before the birth of the child. This decision is significant, both from a legal standpoint and a personal one.
When a father is named on a birth certificate, this legally establishes paternity.
This means that the father will acquire Parental Responsibility for the child and have a right to be involved in decision making concerning the child even if he and the child’s mother are separated. Without being named, a father may face legal challenges when it comes to securing a Child Arrangements Order and other parental rights.
Whilst the biological mother will automatically acquire parental responsibility, a father will not. When a child’s parents are married, the husband is automatically assumed to be the father, and his name is included on the birth certificate. However, if the biological mother and father are not married, the father will not automatically be named on the birth certificate and accordingly will not automatically acquire Parental Responsibility.
What if a father is not named on the birth certificate and if paternity is in dispute
- The first step would be to complete a DNA test to confirm the biological connection to the child.
- Once this has been confirmed, agreement of the child’s mother that you should share parental responsibility can be sought.
- A parental responsibility agreement can be prepared and signed by both parents in the presence of a witness if this can be agreed.
Mother refusing to put father on birth certificate uk
If the mother does not agree to the biological father acquiring parental responsibility, an application can be made to the court for a Parental Responsibility Order. Acquiring parental responsibility will not automatically mean that the father is named on the birth certificate.
What does a father have to do in order to be named on the birth certificate?
A father must apply to the court for a Declaration of Parentage. If this is granted by the Court, the Court will notify the Registry Office and the birth will be re-registered. A new birth certificate can then be ordered which would include the child’s father’s name.
Contact Us
If you’re unsure about the process or the impact of naming a father on the birth certificate, or need advice with regard to paternity, parental responsibility and a child’s birth certificate please contact the expert family law team at Sinclair Law for a free 30-minute initial consultation.
Mother refusing to put father on birth certificate uk
Mother refusing to put father on birth certificate uk