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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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I am a father of a child. However it is very complicated.

Resolved Question:

Hi,
I am a father of a child. However it is very complicated. My ex partner has left me and has gone back to her husband (she was still married when we were together). We were together for just over a year and she got pregnant with me. Now she has gone back to her husband and she says she will not put my name on the birth certificate. I am a father of a child, what can I do to be on the birth certificate?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Has the baby been born yet?Clare
Customer: replied 2 years ago.

Yes, It is one month

Expert:  Clare replied 2 years ago.
The law says that a child is entitled to contact with both biological parents and the courts will enforce this of necessary.You can apply for a Declaration of Parentage which will allow your name to be added to the birth certificate; and you can also apply for a Child Arrangement Order setting out the times you are able to see the baby.The mother will be able to apply for Child MaintenanceThe starting point is to try and discuss matters with the mother using Family mediation www.familymediationhelpline.co.ukPlease ask if you need further details
Customer: replied 2 years ago.

And it does it matter that she is married with someone else? If I am a biological father she will eventually have to add me one the birth certificate?

Also I have just read that on www.gov.co.uk:

"The mother can choose to register the birth on her own if she isn’t married to the child’s father. The father’s details won’t be included on the birth certificate.

It might be possible to add the father’s details at a later date by completing an application for the re-registration of a child’s birth."

Does it not mean that if she does not want she does not need to include me on the certificate?

Expert:  Clare replied 2 years ago.
Within the Court Application a DNA test will be ordered - if that confirms that you are the biological father then your name will be added to the Registration
Customer: replied 2 years ago.

What about the surname? She does not want our child to have my surname, but her husband's (hers as well because they are married) Is there a way so that the child has my surname?

Expert:  Clare replied 2 years ago.
I am afraid that there is no basis on which you can insist that he child has your surname
Clare and other Family Law Specialists are ready to help you