Should I Name the Father on the Birth Certificate?
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- You are not obligated to include the father in the birth certificate.
- There are advantages and disadvantages to establishing paternity. Financial support and custody rights are often deciding factors.
- Naming the father does not always give him paternal rights or obligations.
This article helps you consider your path regarding paternity regulations: (1) whether to name the father on the birth certificate and (2) what to do if he refuses to acknowledge that he is the baby's dad.
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How Do I Navigate Issues with the Dad? — Your Self-Evaluation
When to Consider Adding the Father's Name?
Do I Have to Include the Father on the Birth Certificate?
Ways of Establishing Paternity
His Rights and Obligations once Paternity is Established
Pros and Cons of Naming the Father on the Birth Certificate
Pregnant in a Complicated Relationship
Acknowledging Paternity: How do I navigate issues with the dad? — Quiz
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When to Consider Adding the Father’s Name
Whether to include the father’s name on the birth certificate only becomes a consideration if you are single. If you are married, your spouse is recognised by law as the father, even if he is not the biological father of your baby. This can be contested in court.
For more information, go to Who is the Father?
- Adding the father’s name to the birth certificate makes sense if you want the father to be known and take responsibility.
- Leaving his name off the birth certificate may be a way of protecting yourself and the child from his influence.
➡️ In a difficult relationship? 📖 Go to Relationship Status – It's Complicated!
Do I Have to Include the Father on the Birth Certificate?
Adding the father’s name to the birth certificate is not required in the United Kingdom.
- The mother’s consent is always necessary for the unmarried father to be included in the initial birth registration.
- Although the woman is permitted to make this initial choice, paternity testing may become necessary when applying for child benefits in the UK, if the father of the child refuses to provide support.
➡️ Worried about single motherhood? 👩👦 Go to Pregnant and Single.
Can He Be Included Against His Will?
Including the father on the birth certificate against his will is not possible when filling out the initial registration of birth.
- His name would only be recorded if he signs the birth registration form or another official document stating his acknowledgement of paternity.
- He can be added later, even against his will, if a court order declares him the father. Paternity is most often established by a court-ordered test at an accredited laboratory. A home paternity test is not accepted as evidence.
For more information, go to:
- Paternity Test — How Soon Is This Possible?
- How do I respond if he does not want the baby? Take the test.
Can He Be Registered as the Father Against My Will?
Initially, his name cannot be recorded on the birth certificate against your will. Still, the father’s name can be added to the birth certificate later if he receives a declaration of paternity in court. This usually involves DNA testing. The birth certificate is then amended to reflect this change.
The father can be denied visitation or parental rights by court order if the child's safety or well-being is at risk.
🎒Click here for more information on custody rights.
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Can the Legal Father Contest Paternity Later On?
If your husband doubts whether he is the biological father, he can challenge paternity in court. Currently, there is no time limit on when he may challenge paternity.
Perhaps you are still faced with the question of how to deal with the whole situation. Maybe you recently discovered you are pregnant from an affair. Wondering how to proceed?
Ways of Establishing Paternity
Do you both desire his name to appear on the birth certificate?
- The simplest way is to establish paternity directly at birth, where the parents agree to include the father’s name on the birth certificate.
- Paternity can be established in retrospect. The birth certificate would be amended to include the father.
In the United Kingdom, both parents need to go to the registrar’s office together when registering the child’s birth. If only one parent goes, he/she will have to bring a document, signed by the absent partner, called a Declaration.
Only when the mother is not in agreement does the father need to make an Application for a Declaration of Parentage (Form C63). The court will then decide who the father is and give him a Declaration of Parentage, which will automatically be presented at the General Register Office. Here, the father will be added to the birth certificate. A copy can be acquired by usual means.
His Rights and Obligations When Paternity Is Established:
Adding the father’s name to the birth certificate gives him a certain degree of rights and obligations. In the UK, the Declaration of Parentage does not automatically give the father equal rights to those of the mother.
It gives him the right to have a say in certain legal decisions regarding the child. Additionally, the father can now apply for custody, visitation and child support.
In order to spend time with the child, he must either enter into a Parental Responsibility Agreement with the mother or make a Parental Responsibility Order application in court.
Pros and Cons of Naming the Father on the Birth Certificate
There are many advantages to including the father’s name on the birth certificate. But naming the father on the birth certificate can have negative effects as well. We understand that you may be anxious about the father’s continued presence in your life and that of the baby. We have compiled a list of pros and cons for you to consider:
Pros of Naming the Father
- Official establishment of the relationship between father and child
- Important for the sense of identity of the child
- Improved relationship between the two parents
- Legal proof of each parent’s identity
- Likelihood of financial support from both parents
- Possibility of enrolling in the father’s health insurance plan
- Continuation of child support after the father’s death
- A complete medical history (in case of an inherited health condition)
Cons of Naming the Father
- Officially linking the child to the father if he is not a good influence
- He could assert custody or visitation rights, even if you do not want him to be involved in the child’s life
- Key decisions would have to be made in accordance with the father, such as healthcare treatments, enrolment in extracurricular activities, or relocating to a different city or country
- International travel could be hindered by the father.
- Infidelity — making the biological father’s identity known could cause upheaval for your marriage or the father’s marriage
Pregnant in a Complicated Relationship
Perhaps you have stumbled across our page because you are caught in a difficult situation and unsure of where to go from here. Your pregnancy may have been unintended, and your relationship is complicated. Or perhaps you do not want anyone to know who the father is.
So many thoughts may be running through your head, making it hard to think straight. Take a deep breath. You are not alone! Our judgement-free resources were compiled with you in mind. Our goal is to strengthen you for the journey, allowing you to gain clarity and find the path that matches your unique desires, values and needs.
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Disclaimer:
While we aim to provide you with the most up-to-date information possible, Profemina makes no guarantees as to the accuracy of the content of this article. For more specific legal counsel, please contact a lawyer.