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    Does a biological father have rights if not on the birth certificate?

    What rights does a biological father have if he is not on the birth certificate?  Parental responsibility and how it works in the UK.

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    What happens when a father named on a birth certificate is identified as not being the biological father?

    Posted by familylaw on 1st February 2022

    What rights do biological fathers have if they are not on the birth certificate?  In this article paralegal Melissa Mitchell explains about Parental Responsibility and how it works in the UK.

    A father acquires Parental Responsibility for a child if one of the criteria in the Children Act 1989 is satisfied. This is generally if the father is married to the mother, or if they are named on the birth certificate. But what happens if at a later date, it comes to light that the father with Parental Responsibility is not the biological father? Do they lose Parental Responsibility and does the biological father gain it and replace him on the birth certificate?

    It might seem logical that a straight swap of these two parties’ rights and responsibilities would happen, but that is not the case.

    Parental responsibility

    Let’s first look at the father who currently has PR. It is possible for the mother, or the biological father, to apply to have the father initially registered, removed from the birth certificate. This can only happen if sufficient information is provided to prove that the person named on the birth certificate is not the natural father of the child. This can be a DNA test report (though must come from a legally recognised provider) or a court Order. The details of the registered father will be removed from the section stating they are the father and moved into the margin where they will always remain as they were originally registered.

    Does this mean that the new father will automatically be entered in his place?

    The answer is no. An application to re-register the birth would need to be made. The original registered father would still remain in the margin on the birth certificate, but the biological father would be registered as the natural father.

    If a mother is unwilling to consider DNA testing, an alternative option would be to apply to the Court for a Declaration of Parentage. The Court would order DNA testing to be carried out by a legally recognised provider and if paternity is proved, the Declaration of Parentage declares who the parents are. The General Register Office then have the discretion to issue a replacement birth certificate naming the biological parents.

    Does this move Parental Responsibility from the original father registered, to the biological father?

    No. The original father registered would still retain Parental Responsibility as this will only cease to exist if the Court orders it.

    What would the biological father need to do to seek Parental Responsibility?

    This would only happen if the mother and the biological father sign a Parental Responsibility Agreement. The mother and father have would have to be in agreement and it must be sent to the Family Court to be recorded.  If the mother doesn’t agree then the father can apply to the court for a Parental Responsibility Order.

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    Source : www.thefamilylawco.co.uk

    What Happens if the Father’s Name is Not on the Birth Certificate?

    When a married couple has a child, the man is automatically presumed to be the father and has full legal and parental responsibility rights to the child. When an unwed couple has a child, however, the father does not have the same rights as he would if he were married to the mother.

    What Happens If The Father’s Name Is Not On The Birth Certificate?

    November 16, 2020 171 Shares Share

    Does a father have to sign the birth certificate? What are the father's rights if they are not on the birth certificate? Learn About Law's Kevin O'Flaherty explains what happens if a father's name is not on the birth certificate. Have any questions that weren't answered here? Let us know in the comment section! Subscribe: https://www.youtube.com/channel/UCY4QhGg-zwgUIthoK3EdyjA

    In this article, we will explain what happens if the father’s name is not on the birth certificate. We discuss what a father can do if he is not on the birth certificate, as well as how not having the father on the birth certificate affects the child.  In a previous article, we discussed what rights a father has if he is listed on the birth certificate of a minor child.

    When a married couple has a child, the man is automatically presumed to be the father and has full legal and parental responsibility rights to the child. When an unwed couple has a child, however, the father does not have the same rights as he would if he were married to the mother.

    By signing the birth certificate a father is acknowledging his legal relationship with the child; this means he is therefore obligated to financially support the child. Signing the birth certificate does not establish paternity that grants a father with visitation and decision-making rights to the child. Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on what’s in the best interest of the child.

    If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes no obligation to paying child support and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

    What Can a Father Do if He’s Not on the Birth Certificate?

    If a father is not on the birth certificate but would like to have legal rights and access to the child, the best idea is for him to establish paternity to acknowledge he will take legal responsibility of the child. To begin the process, he can sign an affidavit of paternity and file it with the court. This affidavit indicates that he believes he is the father of the child and would like to legally establish himself as such. The mother’s signature on the affidavit is required to establish paternity. If she refuses to sign it, the father can request a DNA test to be completed by an order of the court.

    Once paternity is established, the father now has legal rights to the child. Custody, visitation and parental responsibility can be determined with or without the court; this is mostly dependent on the parent’s relationship. If it’s handled by the court, the court will look at all circumstances regarding both parents and make its decision on what is in the best interest of the child.

    Birth certificates can also be amended. So, if a father is not listed on the birth certificate at the time of birth, his name can be added to and he may sign the birth certificate at a later time. There is generally a fee to amend the original birth certificate and can take up to a month to receive the amended birth certificate.

    How Having the Father’s Name on the Birth Certificate Affects the Child

    There are a number of reasons a father’s name may be left on the birth certificate: the mother is not sure who the father is, the father cannot be located, the parents are no longer in a relationship, they may have a strained relationship and the mother doesn’t want the father’s name on the birth certificate, etc. Whatever the reason may be, it’s important that both parents understand the implications of leaving the father’s name off of the birth certificate and how it will affect the minor child.

    As mentioned, having an unwed father’s name on the birth certificate acknowledges his legal relationship of the child and makes him obligated to pay financial support of the child. This could help cover the cost necessities for the child’s life. This can also entitle the child to be covered under the father’s health insurance plan. In case of the father’s death, the child has a right to social security death benefits and a right to inherit.

    If the mother’s concern is the father’s access to the child, the involvement of a court can help determine the father’s rights and access to the child based upon what is in the best interest of the child. If parents are unsure whether to include the father’s name on the birth certificate, or if the father wants to establish paternity but doesn’t know how, the best idea is for them to seek advice from a family attorney.

    Posted November 16, 2020

    Kevin O'Flaherty

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    About the author

    Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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    Source : www.oflaherty-law.com

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