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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 13851
Experience:  I have been practising for 30 years.
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My partner and I are expecting a baby at the end of March

Customer Question

Hello,My partner and I are expecting a baby at the end of March 2020. We are both from the Netherlands, I currently have settled status and my partner as pre-settled status as he has been in the UK since 2015. We are planning to have a civil partnership agreement done in the Netherlands before the baby will be born. This will ensure that my partner has the same parental rights I have in the Netherlands.Could you explain how this works in the UK, as at the moment civil partnership is not recognised for not same sex couples. From what I read online this is supposed to change from December this year, but there is no further information. Should we translate our Dutch civil partnership in some sort of a will here, stating that my partner is the father of the baby and that we share all parental responsibilities or are there other ways to do this?Many thanks,
Saskia Hagenaars & Jan van Dijke
Submitted: 7 days ago.
Category: Family Law
Expert:  F E Smith replied 7 days ago.

I have been asked to look at this for you.

I cannot deal with immigration/residential status/Brexit issues for you but I can tell you how to deal with parental responsibility for the child.

It is absolutely straightforward and it doesn’t matter whether you are married, not married, or in a civil partnership although you are quite right, it is not possible to have a civil partnership for heterosexual couples. There is a big argument which says that is sex discrimination and that heterosexual couples should be able to have a civil partnership but it depends whether you want to start making new law!

If you both want parental responsibility for the child, then all you do is make sure that the father is also named on the birth certificate as the father. It will be necessary for the father to attend the register office at the time of registration of the birth.

In English law having the father’s name on the birth certificate (or a couple being married) confers responsibility on any children of the couple.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES