Paternity Registration Dispute
The client is facing an issue regarding the registration of his newborn child's surname. The child's mother, who is married to another individual, has registered the child's surname as her husband's and left the biological father's details blank on the birth certificate. This registration occurred in a location in Wales. The client, recognizing himself as the biological father, wishes for his surname to be included, concerned about the implications of the current registration. The situation is ongoing, with no progress made in discussions between the client and the child's mother or her husband.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to have my name added to my child's birth certificate as the biological father?
To have your name added to your child's birth certificate as the biological father, you may apply for a Declaration of Parentage through the Family Court. This process involves proving paternity, potentially through DNA testing. Once paternity is confirmed, you can request a re-registration of the birth with the General Register Office to include your name. It may be beneficial to consult with a family law solicitor who can guide you through the process and represent you in court if necessary.
Is it possible to change the surname of my child on the birth certificate after it has been registered?
Yes, it's possible to change the child's surname on the birth certificate after registration, but specific steps must be followed. You would need to apply to the General Register Office for a correction if there's a mistake, or a re-registration if there's a change in circumstances, such as establishing paternity through a court order. Depending on your relationship with the child's mother and the agreement between parties, you might also require a court's involvement.
What are my rights as the biological father in this situation, especially regarding custody or visitation?
As the biological father, you have the right to apply to the court for a Child Arrangements Order to seek custody or visitation rights. This order determines where the child will live and how much time they will spend with each parent. However, as you're not currently on the birth certificate, you'll need to establish your paternity first, potentially through a DNA test.
Could this situation be considered paternity fraud, and what are the potential legal implications if it is?
The situation could be considered paternity fraud if there was intentional misrepresentation about the child's paternity to deceive someone for personal gain. The legal implications might include actions for correcting the birth certificate and possible claims regarding parental rights. However, proving fraud requires demonstrating intent to deceive and that you suffered a loss as a result.
Can I take any action if the mother and her husband refuse to acknowledge my paternity of the child?
If the mother and her husband refuse to acknowledge your paternity, you may consider applying for a declaration of parentage through the family court. This legal process will determine whether you are recognized as the child's biological father. If successful, this can lead to changes in parental responsibility and contact arrangements.
