In England and Wales, a mother can refuse to put a father on their child’s birth certificate. There is no legal requirement in England and Wales for the mother to put down a father on the birth certificate if they are not married or in a civil partnership. In this article, we will explain the implications of a father’s name not being placed on the birth certificate, whether a father can place himself on a birth certificate, and what to do if the mother refuses to put the father on the birth certificate.
What if a father is not on the birth certificate?
A father is not on the birth certificate of their child, they have no automatic legal right over or parental responsibility for their child unless the mother provides permission. If a father is named on a birth certificate, they have the same parental rights as the mother. It is surprisingly common for fathers not to be named on birth certificates, often leaving them unsure of their legal rights.
The consequence of a father not being named on a birth certificate is that they have no legal rights or duties towards their child. As such, the father cannot make important decisions on behalf of the child regarding their religion, schooling, and medical care.
If the father is not on the birth certificate, can he fight for custody?
If a father is not named on a birth certificate, the mother of the child can still give permission for the child to live with their father. The problem is that the mother can request that the child be returned at any time against the wishes of the father. However, if the father is added to the birth certificate, they then have the legal right to contest custody.
Can a father put himself on a birth certificate?
A father may be able to add themselves to the birth certificate of their child; the process for doing so depends on whether they are married or unmarried (or in a civil partnership).
If the child’s parents are married, or in a civil partnership, a father has the legal right to put himself on the birth certificate, as both parents have the legal right to register the birth.
If the child’s parents are unmarried or not in a civil partnership, the mother can put the father’s name on the birth certificate without them there. As such, if the couple is not married at the time of the child’s birth, the father cannot register the birth of the child. In this case, in order for the father to be added to the birth certificate, they must have the permission of the child’s mother.
What to do if the mother refuses to put the father on the birth certificate
If a mother refuses to put the father on the birth certificate, the father can request a “declaration of parentage” from the court under Section 55A of the Family Law Act 1986. To do this, the father will need to complete and submit Court Form C63, providing their details and those of the mother and child.
The applicant must explain why they are applying for a declaration of parentage and provide details of their connection to England and Wales, their nationality, citizenship or immigration status, and a statement of truth.
The process of seeking a declaration of parentage is a lengthy one and can take between 6 and 12 months to complete. If the application is approved, the father can then ask for the child’s birth certificate to be amended with their name.
Non-biological father on the birth certificate
Where a non-biological father has been added to a birth certificate, an application can be made for a correction to remove the wrong father’s details (application form to remove the wrong father’s details). The applicant will need to include sufficient proof that the person named on the certificate is not the biological father of the child (e.g. a DNA test report or a court order). A fee of £90 must also be paid.
Is it illegal to put the wrong father on the birth certificate in the UK?
Yes, it is illegal to put the wrong father on the birth certificate. If a mother deliberately puts the wrong father on her child’s birth certificate, this may be a criminal offence in accordance with the Perjury Act 1911, potentially leading to imprisonment.