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My boy has just been born and is a few days old. My partner and I have yet to register his name. Today she asked me a strange question. She asked "If I die will you take full custody of our boy?" Which is a ridiculous question, however in her eyes she would like her mum to have full responsibility if anything happened to her, and I am worried that she may not even put my name on the birth certificate. The question I have is - Is there a law stating that I MUST be put onto the birth certificate as I am the child biological Father? or can she just do as she pleases? Also if anything did happen to her (god forbid) do I have the right to take my child and raise without interference from her mum? I am desperate to know the answer. Please get back intouch soon.
Many Thanks,
Barry
The is no legal requirement for your ex to register you as the father as far as I know.
However in the event that she does not do so and will not agree to sign a statement of declaration and have you added on, you can apply to court to go on there. This would involve a DNA test and the court making a declaration of paternity. You can then take your "declaration of paternity" to the registry office and request to have the birth certificate reregistered.
In the event that you do not have PR (by not being on the birth certificate or having a PR agreement) then the mother can name who she wishes to be guardian of the child. That then takes effect. To challenge this you would need to go to court.
If the even that you do have PR (by being on the birth certificate) then the mother can name a guardian but it does not automatically take effect until everyone with PR is dead meaning technically you would have the right to raise your child. However again the grandmother could challenge this in court.
If either of you went to court the court would look at the welfare checklist and make a decision. I would imagine that regardless of who won residency, the other would likly get contact with the child.
This whole thing is bolloks!! Pardon my french. I really need to start pushing this early in the event it comes to reality. Thank you very much for your reply. It really has helped alot.
Barry
- Samaritans – call 116 123
- Shout – text the word ‘Shout’ to 85258
