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What Rights do I have if I'm not on the Birth Certificate

By: Chris Nickson - Updated: 6 Jul 2018 | comments*Discuss
 
Child Separation Parental Responsibility

Q.

I'm not on my son's birth certificate and his mother and I are separated. I'm now in a new relationship and have another child and one on the way.

The thing is my son is only five and no longer wants to live with his mother. My ex contacted me and told me to collect my son as she didn't want him anymore. She said all this in front of him and he was very upset and says he wants to live with me forever.

I'd just like to know how I stand as I'm not on his birth certificate.

(A.W, 14 September 2008)

A.

Essentially, the fact that your name isn’t on your birth certificate means you have no legal rights over your son, unless his mother allows it. If it were there, you’d have exactly the same rights as his mother and be able to make decisions about him.

So, as things stand, she could have him live with you, but she’d also have the right to demand that you return him at any time, and there’d be nothing you could really do about it, which isn’t good for either you or your son.

However, there is some good news. If both you and your ex sign a Parental Responsibility Agreement and file it with the courts, you will have full parental rights over your son. If you can get your ex to agree to this, you should do it as soon as possible. That way, if your son does come to live with you and you ex demands his return, you have legal grounds for Contesting The Custody.

If she won’t sign, you could take the matter to court and apply for a Parental Responsibility Order (see our article on Your Separated Father's Rights), but it will generally only be given if the court believes it’s better than not granting an order.

You’d also be very well advised to have her put in writing that’s she giving you custody of your son. If not, she could feasibly turn around and say you snatched him. It might also be advisable to seek a Residence Order if your son comes to live with you. Seek legal advice first, as it may not be possible to get one.

If there is a problem further down the line, and your ex wants your son back, the court will try to take into account his wishes, too. Certainly a big rejection by his mother is a terrible thing, especially if she did it in front of him – so it’s understandable.

You didn’t mention if you’ve had contact with your son since you and your ex broke up. Nor do you mention how your current partner feels about the situation – which is important. Would she welcome your son into your new home? It’s important do discuss things fully with her and make sure you have her agreement.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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info needed - Your Question:
Hello, my partner has a child from a previous relationship, he used to see the child until the mother stopped contact, its been around 5 years since seeing her. There is a possiblity that the child is not his due to his ex being unfaithful, she has previously denied a DNA to prove he is the father. He has always payed CSA even though he is not 100% shes his, we are desperate to find out for sure and if she is his then we would like to have access to her, what are the options and process we can take? He is also NOT on the birth certificate

Our Response:
In the first instance, your partner would have to request a DNA test through court. Your partner would have to continue paying child maintenance until the result was confirmed. It may also be worth him speaking to CMS directly regarding this matter. If the results return as positive, then your partner can apply for access through the courts, please see link here.
SeparatedDads - 10-Jul-18 @ 2:14 PM
Hello, my partner has a child from a previous relationship, he used to see the child until the mother stopped contact, its been around 5 years since seeing her. There is a possiblity that the child is not his due to his ex being unfaithful, she has previously denied a DNA to prove he is the father. He has always payed CSA even though he is not 100% shes his, we are desperate to find out for sure and if she is his then we would like to have access to her, what are the options and process we can take? He is also NOT on the birth certificate
info needed - 6-Jul-18 @ 11:29 AM
James - Your Question:
The mother of my daughter has been taken into a mental health hospital and given the care of my daughter to a man she has only just met whilst ill. She has decided she no longer wants to be with me and is leaving our daughter in the care of this man. I am not on the birth certificate how do I go about getting on it so I can see my daughter

Our Response:
Unfortunately, you would have to apply to court, please see link here .
SeparatedDads - 2-Jul-18 @ 12:55 PM
The mother of my daughter has been taken into a mental health hospital and given the care of my daughter to a man she has only just met whilst ill. She has decided she no longer wants to be with me and is leaving our daughter in the care of this man. I am not on the birth certificate how do I go about getting on it so I can see my daughter
James - 30-Jun-18 @ 5:45 PM
There’s a 4 year old daughter between myself and my ex but I am not named on her birth certificate. My ex and I dated and lived together for a short period and not long after she told me she was 4wks pregnant to which I was very happy as I really wanted a child. During the course of the pregnancy she informed me of her plan to register our child with the name of someone who has a settled status in the UK which would then make her settled in the UK because her Status at the time was an asylum seeker to which I refused and after months of dragging this issue she left the home we shared for the Midlands to her mother’s and never returned. Things then became more hostile when she was at her mother’s but I continued to support her financially. Around this period she suggested I may not be the father of her child and she stopped contact with me and everyone involved from my side. Around when the child would have been around 1 and a half years, I accidentally met my ex’s mother at an event and after a heated exchange over how they’d cut me off, my friends exchanged contact details with her and sometimes afterward we went to the Midlands to see her and my ex. This was my first opportunity to see my daughter who had a striking resemblance to me and the connection between us when she was told I was daddy was overwhelming. She cried and wouldn’t let go of me. My ex showed me her birth certificate briefly and I wasn’t named as her father. After this contact, my ex started demanding financial support and wanted a fixed amount. I explained to her I was not working because of my current immigration status but I wanted to support her and my daughter and I’ll be giving her some money regularly but she wasn’t happy with this and she stopped contact again. Around feb this year, I was contacted by my daughter who spoke with me over the phone, this was very emotional and agonising for me. We kept in touch regularly for about a month and things went pear shaped again. My ex wanted to re-kindle whatever we had going over 4 years ago which I tried to gently sway away from because I am in a happy relationship and I have been with my current partner for nearly 4 years who has been really supportive of me. I am not working but I have been giving my ex £50 a month since March and my partner has been sending things such as a personal tablet which my daughter asked for, casual and party clothings, educational items e.t.c but my ex is no longer speaking with me because she said it took long before I sent her the initial money and I requested for her address to sent things to my daughter and her personal bank account to send the money I’m giving her but she refused. So now I send money to a bank account which doesn’t belong to her and an address which she doesn’t seem to live in but the items are getting to her somehow. I don’t know what to do. My current partner works in social services and she wants me to apply for a parental responsibility order but I don
Sett5 - 17-Jun-18 @ 6:26 PM
JJ- Your Question:
I’m on my sons birth certificate but I haven’t seen him in 8 months because of my ex not informing me to see him , I’m going through mediation , but if things don’t work out on agreements would I still have to go court as he’s involved with social services

Our Response:
You can see all you need to know regarding the step-by-step process via the link here. This should help answer your question.
SeparatedDads - 15-Jun-18 @ 12:59 PM
I’m on my sons birth certificate but I haven’t seen him in 8 months because of my ex not informing me to see him , I’m going through mediation , but if things don’t work out on agreements would I still have to go court as he’s involved with social services
JJ - 14-Jun-18 @ 7:58 PM
Dooo - Your Question:
My brothers ex has just had their child and has registered the birth without him on the certificate what can my brother do about this

Our Response:
Your brother would have to apply to court for a Declaration of Parentage, which is when the court decides who the father of a baby is. The court will tell the General Register Office and the birth will be re-registered. Your brother may also wish to apply for PR, please see link here .
SeparatedDads - 8-Jun-18 @ 12:20 PM
My brothers ex has just had their child and has registered the birth without him on the certificate what can my brother do about this
Dooo - 6-Jun-18 @ 9:18 PM
Mills - Your Question:
My son is on the birth certificate of his son. He has bought him up for the past year thinking he was biologically his but has since found out he is not. He is engaged and living with the mother still. Does he have any parental rights over the child?

Our Response:
Unfortunately, if the child is not biologically his, he has no legal rights.
SeparatedDads - 5-Jun-18 @ 3:00 PM
My son is on the birth certificate of his son. He has bought him up for the past year thinking he was biologically his but has since found out he is not.He is engaged and living with the mother still.Does he have any parental rights over the child?
Mills - 4-Jun-18 @ 9:44 PM
Jacojax - Your Question:
If my sons father send me an sms stating he never wants to see or hear from him again its been 2 years since he spoke or saw my son. He also stoped paying maintenance at the same time. we were never married and my sons on my maiden name. We want to move out of this land must I track him down to get concent to take my son out this country.i am his legal guardian as there is no court orders. What do I do

Our Response:
If the father is named on the birth certificate, then he has parental responsibility. So you would have to get permission from him before taking the child abroad, please see link here .
SeparatedDads - 31-May-18 @ 3:15 PM
Tash - Your Question:
If I regersted baby without dad on there if his granted pr at court can he rergister my son without me being there or my permission?

Our Response:
A court can make the decision regarding whether your ex's name should be added to the birth certificate, or not.
SeparatedDads - 31-May-18 @ 12:39 PM
If my sons father send me an sms stating he never wants to see or hear from him again its been 2 years since he spoke or saw my son. He also stoped paying maintenance at the same time.. we were never married and my sons on my maiden name. We want to move out of this land must i track him down to get concent to take my son out this country...i am his legal guardian as there is no court orders. What do i do
Jacojax - 30-May-18 @ 6:57 PM
If I regersted baby without dad on there if his granted pr at court can he rergister my son without me being there or my permission?
Tash - 29-May-18 @ 10:08 PM
I don’t know where to start but I’ll keep it brief, I’m a guy still live with my 2 year oldson and his mum, I’ve been verbally and physically abused by his mum for over 3 years, my boy is everything to me he is always with me wherever i go. His mum is also a drug addict which doesn’t help the trouble is she has not put me on the birth certificate so I can’t win.. live a life of abuse or do I risk being without my son. I’m really struggling at the moment not a perfect guy but not a bad one so any help or advice I’d be very grateful x
Galahad - 26-May-18 @ 7:20 PM
Hello, my 2 daughters have been living with me since they were born. Their mother left when they were still 1 and 2 years old. They are now 10 and 12 and she wants them back. She has not gone to court as of yet. What are my options as I am not on the birth certificate. Can I take her to court for full custody and have my name register on their birth certificate? What are my options?
Vinnie - 26-May-18 @ 2:55 AM
Jessie - Your Question:
If asking farther to pay child maintenence and he denys said child is not his would a dna test entitle him to be on the birth certificate which was left blank ? And therefore give rights to child ??

Our Response:
If the person, who is the father has a DNA test, this would merely prove that he was eligible to pay child maintenance. If the person is found to be the father, then he would have to apply to court to be registered on his child's birth certificate.
SeparatedDads - 24-May-18 @ 2:19 PM
If asking farther to pay child maintenence and he denys said child is not his would a dna test entitle him to be on the birth certificate which was left blank ? And therefore give rights to child ??
Jessie - 22-May-18 @ 11:32 PM
Frosty- Your Question:
What would happen if: I slept with a women who had seen a few boys at the time and she became pregnant, she’s just had the child. What can she do in order to get me to give DNA that I’m the father and if by chance I am what rights do I have as she’s had a child without knowing who the father is and what will I be expected to do other than pay support as personally I never wanted this situation and especially a child. Just looking at how I can keep as much distance as possible if I’m honest as she’s a very spiteful women

Our Response:
If the mother names you as the father, then you would be responsible for paying child maintenance. If you challenge whether you are the father, then you would have to request a DNA test, please see link here . You would be expected to pay child maintenance (if your ex makes a claim) until the results are returned. If the test shows you are the father, then you would continue to pay child maintenance. Child access is a different issue. You can see more via the link here .
SeparatedDads - 11-May-18 @ 2:42 PM
What would happen if: I slept with a women who had seen a few boys at the time and she became pregnant, she’s just had the child. What can she do in order to get me to give DNA that I’m the father and if by chance I am what rights do I have as she’s had a child without knowing who the father is and what will I be expected to do other than pay support as personally I never wanted this situation and especially a child. Just looking at how I can keep as much distance as possible if I’m honest as she’s a very spiteful women
Frosty - 11-May-18 @ 1:27 AM
Jill - Your Question:
I have a 5 year old girl with a guy who’s names not on birth certificate my hubby has parental responsibility for my daughter. What happens if the guy wants name on birth certificate and does he or his Mrs have any rights to see my daughter. She doesn’t know he’s her biological dad as she’s so little and first met him at 2. My hubby has been around since Just after she was born x

Our Response:
The father of your child has every right to pursue the matter and take it to court regardless of whether he is on the birth certificate or not.
SeparatedDads - 20-Apr-18 @ 3:12 PM
I have a 5 year old girl with a guy who’s names not on birth certificate my hubby has parental responsibility for my daughter. What happens if the guy wants name on birth certificate and does he or his Mrs have any rights to see my daughter. She doesn’t know he’s her biological dad as she’s so little and first met him at 2. My hubby has been around since Just after she was born x
Jill - 20-Apr-18 @ 12:10 PM
Maz - Your Question:
Hi I’ve got 8 yr old daughter her dad never been in her life from day one now she’s bit older he’s wanting to step in has he got any right over access hes not on her birth lines can he get any access at all thanks

Our Response:
Your daughter's father has the right to apply to court if you refuse to grant access or attend mediation. However, this does not mean access will be automatically granted. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
SeparatedDads - 16-Apr-18 @ 1:50 PM
Hi I’ve got 8 yr old daughter her dad never been in her life from day one now she’s bit older he’s wanting to step in has he got any right over access hes not on her birth lines can he get any access at all thanks
Maz - 14-Apr-18 @ 6:21 PM
Rs - Your Question:
Hi,If I can prove through DNA that my son is mine and his mum ain’t put my name on the birth certificate will I be allowed to add my name on the birth certificate without her consent? Or will it be up to the courts to decide?

Our Response:
It would be up to the courts to decide. However, in the majority of cases the courts will allow the confirmed father to have their name registered on the birth certificate. This in turn would give you PR, please see link here .
SeparatedDads - 10-Apr-18 @ 3:41 PM
Hi, If I can prove through DNA that my son is mine and his mum ain’t put my name on the birth certificate will I be allowed to add my name on the birth certificate without her consent? Or will it be up to the courts to decide?
Rs - 10-Apr-18 @ 10:03 AM
Hi. I have a friend who has been told he is a potential father to a near 12yr old. Another man has raised said child and paid. It turns out it could be him or his brother who is the father. The women has now split from BF who was paying for child and believed to still be doing so. Now no one is on the birth certificate Mother has now called CSA demanding that he is to pay for the child. She wants additional 500£ for DNA. It's been planned for one to be done found via the GOV website at a fraction of the cost. However this isn't suited. She is allowing contact via web and phone but not in person. Just keeps asking for money. Now payments will be starting with immediate affect. The friend isn't sure if he or his brother is the father. Also he has a wife and 2 kids who had to find this out via social media So possible marriage breakdown as the financial strain will be too much. Does he have to pay? He's away with his work till may and has basic contact so don't know if they will just start taking money.
Friend - 23-Mar-18 @ 4:21 PM
Friend- Your Question:
Hi. I have a friend who has been told he is a potential father to a near 12yr old. Another man has raised said child and paid. It turns out it could be him or his brother who is the father. The women has now split from BF who was paying for child and believed to still be doing so. Now no one is on the birth certificate Mother has now called CSA demanding that he is to pay for the child. She wants additional 500£ for DNA. It's been planned for one to be done found via the GOV website at a fraction of the cost. However this isn't suited. She is allowing contact via web and phone but not in person. Just keeps asking for money. Now payments will be starting with immediate affect. The friend isn't sure if he or his brother is the father. Also he has a wife and 2 kids who had to find this out via social media So possible marriage breakdown as the financial strain will be too much. Does he have to pay?

Our Response:
If your friend has been named as the father and CMS have been in touch to assess him, then he would have to pay child maintenance until such time as he can prove he is not the father. The link here is the official link to get a DNA test. Your friend can pay for this and if he is found not to be the father, he will be reimbursed. I do not advise your friend to give the mother any money that is not authorised and it is advisable to get the DNA test done himself. The quicker he gets it done, the quicker he will get the results. If the results prove he is the father he can look towards officially having contact of his child through mediation or court (if the mother will not allow him directly). If he is not the father, then CMS will no longer chase him for child maintenance.
SeparatedDads - 23-Mar-18 @ 12:51 PM
Hi. I have a friend who has been told he is a potential father to a near 12yr old. Another man has raised said child and paid. It turns out it could be him or his brother who is the father. The women has now split from BF who was paying for child and believed to still be doing so. Now no one is on the birth certificate Mother has now called CSA demanding that he is to pay for the child. She wants additional 500£ for DNA. It's been planned for one to be done found via the GOV website at a fraction of the cost. However this isn't suited. She is allowing contact via web and phone but not in person. Just keeps asking for money. Now payments will be starting with immediate affect. The friend isn't sure if he or his brother is the father. Also he has a wife and 2 kids who had to find this out via social media So possible marriage breakdown as the financial strain will be too much. Does he have to pay?
Friend - 22-Mar-18 @ 11:50 PM
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