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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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unmarried fathers rights

Customer Question

my son experienced the loss of his baby which was a still birth. He was an unmarried father and wasn't in a relationship with the mother. he has contributed to all the baby items. She has been obstructive throughout the pregnancy up until the birth where she didn't want him there,  He hasn't been aloud to see  his baby in the mortary for the first and last time to say goodbye. I picked up a statutory Declaration of acknowledgement of parentage from the register  so the father can be put on the death certificate, because the mother is being obstructive with the  them both registering the baby. If he can manage to to get himself on the death certificate will this then give him paternity rights to go to the hospital  and say good bye to his baby without mothers consent, also to have a say in the funeral arrangements

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
i am so very very sorry for the loss which is overwhelming
I am equally sorry (and indeed angry) that I am afraid that it is entirely up to the mother whether or bot she uses the Statutory Declaration and adds him to the Birth Certificate
If she does not then I am afraid that being on the Death Certificate will confer no rights at all - although I do understand that it will give a little comfort
I am so very sorry
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare

Thankyou for your answer,

The baby wasn't born alive so I was made aware from the registrar that only a death certificate would be issued, whereas if the baby took a breath after birth then also a birth certificate would be issued. Please can you confirm if this is the case, because like you said if the father can manage to be put onto the birth certificate then he could have paternal rights. Would this mean then he could see his baby in the mortary and make some of the arrangements for the funeral without the mothers consent

Expert:  Clare replied 2 years ago.
Hi
My apologies for not taking that into account - no I am afraid that it will not be possible
CLARE
Customer: replied 2 years ago.

Thankyou Clare


 


Can you please advice me what the process is with regard finding the baby's death certificate on record or birth certificate.


 


I know that this might seem a bit of a strange assumption but due to the behaviour of the mother through out the pregnancy and her actions leading up to the birth of the baby which seemed planned on her part, I have had some nagging doubts as to weather she had lost the baby or was the baby born, We wouldn't know.


 


Is there a legal way of finding out please as we as a whole family are just left wondering what really has happened to


this baby. If the baby was born alive there could be some welfare issues with regard to the baby


 


Thankyou for your patience


 


 


 

Expert:  Clare replied 2 years ago.
Hi
It is no trouble - i hope I can help
When was this meant to have happened?
Clare
Customer: replied 2 years ago.

The baby's due dates were originally due around the 28th June.She then said she changed hospitals, therefore they had given her a new date of baby's arrival which was on 5th July. She has said throughout she has had medical difficulties relating to the pregnancy and told the father if the baby dies it the fathers fault. The mother told the father that she was due to be induced on the Saturday 19th July if baby doesn't arrive before. On the Wednesday 16th July the mother said that she had been involved in an incident which involved her falling over. The mother said she had gone to the hospital to get checked over. The 17th July she said she hadn't felt the baby move on the Friday 18th she was due back to the hospital for a medical procedure before her being induced. On the Saturday 19th the mother said she was in hospital at the birthing centre but didn't want father to be there by early evening the father got a text message saying baby's dead. The mother said she was booked for the Sunday 20th and was on medication to assist with the birth. The father tried to make contact at the hospital birthing centre. The centre explained that they wouldn't have mothers here who had a difficult pregnancy. Alarm bells were starting to ring. The father has met up with the mother recently, he asked if he could go and see baby at mortary.The mother asked why do you ask because baby's dead. The father asked was any photos taken she said no but has a footprint but hasn't come forward with this.

Expert:  Clare replied 2 years ago.
Hi
I have to ask - are we sure there was ever a pregnancy?
Clare
Customer: replied 2 years ago.

HI Clare.


 


Please if you could ask I would really appreciate it. This is one of the questions I asked the father, because if the mother was never pregnant and made the father believe she was then through deception she has obtained hundreds of pounds worth of baby goods from the father. If this is the case then does this become a criminal matter


The father said he never felt the baby kick from her tummy because she hated her tummy being touched. I'm not sure if the father ever saw the bump in the flesh but the father said she looked pregnant however when the father did meet up with the mother after the supposed birth of the still born baby she showed no signs of being pregnant.


She told the father that she had been advised by the doctor that the baby will need to have a birth certificate and death certificate even though she texted the father that the baby had died inside her with possible oxygen starvation and was awaiting autopsy results. But why would the doctor tell the mother that a birth certificate needs to be issued. I just wondered if she has just told the father that the baby needs a birth/death certificate, so not to raise any suspicions that the child is indeed alive but does not want the father to know this.


But then surely you would also be looking towards putting a complaint against the hospital for neglect They were aware that she had pre-eclampsia as well being hospitalised on a drip due to her sickness and baby not growing as it should have been, so if this was true then why did they leave her to go 42 weeks pregnant risking the life of this baby. I’m sure their policies and procedures wouldn’t allow a baby to go 42 weeks if there were any risks.

Expert:  Clare replied 2 years ago.
Hi
As I said - exactly what evidence do you have of this pregnancy?
As things stand it seems unlikely that there ever was a pregnancy
Do you know any of her friends/relatives?
Where is this meant to take place?
Clare
Customer: replied 2 years ago.

Hi I never met the mother or know of any one that knows her.It was just a brief relation between both parties.


 


I carnt see what would be her gain to make it all up.


 


She said she had the baby at a birthing centre at a local hospital on the Sunday 19th July


 


Whats my next step, I can I found out the truth, we as a family have just left wondering. Is there anything legally that can be done.


 


 


 


 


 

Expert:  Clare replied 2 years ago.
Hi
Frankly the whole story sounds wrong.
Quite apart from the fact that she was given money/goods it is not impossible that she simply enjoyed the ongoing attention that the story gave her (assuming that it was a story)
Equally it is possible that she is/was pregnant but the dates would show that the child could not have possibly been your son's child.
If you can afford it for your peace of mind you could instruct an enquiry agent to make some basic enquiries about this person and her status
Clare
Customer: replied 2 years ago.

Thanku clare thats something that ill look into

Expert:  Clare replied 2 years ago.
Hi
Good luck
Clare

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