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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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My son and his ex partner are going to register the birth of

Resolved Question:

My son and his ex partner are going to register the birth of their child together so they have joint parental responsibility but she will not allow the child to have his surname, not hyphenated or any acknowledgement, because she feels it will make things difficult for her in the future.
First of all is she entitled to do this, they were unmarried? Also I am worried that this may affect his rights and ability to be involved in his child's life in the future should their relationship become less harmonious.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that the fact that they are not married means that she alone has the right to Register the birth - and to chose the name that will be used.

This will make no difference to the legal relationship between father and son - and of course when the child is 16 he can change his name if he wishes to do so

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Hello Clare,Thank you for your response but unfortunately it hasn't told me any information that is not freely available on government websites.
I know she can register the birth alone,and that it can be changed at 16, but she doesn't want to do this she wants joint parental responsibility hence the registering the birth together next week. My question was - can she state what the name is ***** ***** even though it's a joint registration and although you say it won't affect his legal position what does this mean? Will my son have to provide proof that he is the father when he takes him anywhere for example? Basically I'm asking how will father and son not having the same surname affect his involvement in decision making and activities in the child's life?
Many thanks
Sue Curtis
Expert:  Clare replied 1 year ago.

Whilst he has to be there for his name to be on the birth certificate since as the mother only she can register the birth limits your son's options.

If he does not agree with her then he cannot insist that his name is ***** ***** since she can then just go ahead without him - but he cannot go ahead without her.

The fact that father and son do not have the same surname makes no legal difference whatsoever - anymore than it would if the mother and child had different surnames.

There is no activity that he cannot do with him - and he is unlikely ever to be challenged to prove paternity - other than on those occassions when he would be asked to do even if the did have the same name

He will still have to be consulted on all major issues - and in due course the school will have to give him any information he requests

Clare and other Family Law Specialists are ready to help you