Can a Father put himself on the Birth Certificate?

How can a father put himself on the birth certificate depends on whether the mother agrees to the request.

Many fathers are in the unfortunate circumstances where their name does not appear on the child’s birth certificate. The consequences of this is that a father does not have any legal rights over their child unless the mother allows this. If a father has their name on the birth certificate, then they would have the same parental responsibility rights as the mother and would be able to make key decisions about the child.

Without the fathers name on the birth certificate a mother could allow a child to live with the father but she will have the right to demand the child to be returned back to her at any time.  Therefore many fathers ask can a father put himself on the birth certificate?

How can a father put himself on the birth certificate?

It is often up to the mother of the child on whether or not the child’s birth certificate contains the father’s information. A mother may declare no father on the birth certificate if the couple are not legally married. While parental rights for an unmarried couple aren’t quite as simple as they are for a married couple, it is important to note both the mother and father have options.

An unmarried father can only register the birth of the child on his own if the mother has made a statutory declaration acknowledging him as the father of the child or if the father brings a parental responsibility agreement or a court order to register the birth at the register office.

Mother not putting father on birth certificate

In the situation where a mother is not putting father on birth certificate, a father can make an application for a declaration of parentage. A declaration of parentage is where the court decides who the father of the child is. If such declaration has been made by the court, then court will notify the general register office who will re-register the birth of the child.

Implications of father not being on birth certificate

In the case of a mother not putting father on birth certificate, the father does not have any rights over their child. Therefore, a father will need to either apply for parental responsibility or request to re-register before they obtain legal rights over their child.

A father with parental responsibility over a child will need to agree on things before they go ahead. The mother can make the day to decisions for a child if the primary carer, but for important decisions and changes everyone that has parental responsibility will need to be consulted.

Can a father put himself on the birth certificate without consent of the mother?

Fathers can often feel left out when they don’t appear on their child’s birth certificate. It is possible for fathers to be named on the birth certificate if the mother agrees.

If the mother disagrees then the father can make a court application to seek a declaration of parentage. This process involves a DNA test being carried out to establish paternity. Once established the courts will notify the registrar general. The birth will then be re-registered.

Can a father put himself on the birth certificate without consent of the mother?

Fathers can often feel left out when they don’t appear on their child’s birth certificate. It is possible for fathers to be named on the birth certificate if the mother agrees.

If the mother disagrees then the father can make a court application to seek a declaration of parentage. This process involves a DNA test being carried out to establish paternity. Once established the courts will notify the registrar general. The birth will then be re-registered.

Can a father put himself on the birth certificate without approval of the court?

A fathers name can be added to the child’s birth certificate at a later date. For this to happen either the mother must agree.

The registrar can assist in adding the fathers name to the birth certificate. Evidence will need to be provided that the father is the child’s father. This can be in the form of a signed declaration from the mother. This process is known as a re-registration.

Is it illegal not to put father on birth certificate if the father wants to be put on?

It is not illegal for a mother not to put the father’s name on the birth certificate. A father’s name does not have to be added at the time of registering the birth. A father’s name can be added to the birth certificate at a later time. If the parents are married, then both parents details will appear on the birth certificate. Either parent can register the child’s birth on their own. This means if the father is married to the mother they can register the name.   

Steps to take if mother is not putting father on birth certificate

It can be quite difficult when the mother refuses to name the father on a birth certificate. Without being on the birth certificate the father may not be entitled to parental responsibility automatically. In order to try and overcome this issue a father can look to initially communicate with the mother.

If both parents can reach an agreement amicably then there is no need for court intervention. If agreeable the mother can add the fathers name to the birth certificate at any time.

If the mother does not agree the father will need to consider making an application to the court as mentioned above. The courts will need to be satisfied through a DNA test of the fathers identity. Once paternity is established the child’s birth can be re-registered with the fathers name.

At Kabir Family Law, our child law specialists can assist you in adding your name to the birth certificate. If the mother is not on amicable terms we can assist with communication. If both the mother and father can mutually agree to add the fathers name then this can save both time and costs.

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