To not re-register the births of my children after getting married?

(72 Posts)
TiredyCustards Mon 01-Jul-13 07:27:11

DP and I have been together nearly 10 years, and are getting married in a couple of weeks.

We have 2 DC, and aren't in the least bit bothered about not being married when they were born.

It seems we're supposed to re-register the DC after getting married to make them 'children of the marriage' or some such guff about legitimacy.

AIBU to not bother - I find it a bit offensive that we're expected to re-write history, as if being born out of wedlock is still something to be ashamed of.

Also, would anything happen if we didn't?

jayho Thu 04-Jul-13 10:55:02

I got married at the same time as registering ds's birth. Total faff, had to register him, get married and then re-register him.

As I had previously been divorced, when re-registering him the registrar asked me to swear he was the child of my second marriage (which was approx 10 mins old) and not my first.

Put a bit of a dampner on the proceedings......

What does it have to do with passport? DD1's passport was pre marriage. We re-registered her but passport stayed the same. She always had dh's surname though.

Must go and read our will <writes it on hand>.

Jestrin Wed 03-Jul-13 12:27:12

I have never heard of having to re-register my DC before and have not had any problems getting passports etc for them.

ThisWayForCrazy Wed 03-Jul-13 12:05:09

And both our children have been issued with passports after our marriage. There was no issue.

ThisWayForCrazy Wed 03-Jul-13 12:04:09

I have read the act. As has my solicitor. He has advised that it is not necessary to re register our children, unless requested to do so by the Registrar General, which has not happened.

Also, if your will is written to cover a presumed marriage and more children it may not need to be rewritten. Ours were written in this way and so are still valid and cover all children and any more we may have.

LittleprincessinGOLDrocks Mon 01-Jul-13 16:24:54

Obviously it is slightly different if you don't change your surname Arabella in that it is not immediately obvious of your married status. But if they were to do a paper trail things wouldn't totally match up would they? You are registered as married, but your childs birth cert says you are not married.
I think badbride explained it better than I can.
But from what I understood from the registrar things would be easier for us if we re-registered DD, and for the 30 minutes and £3.50 it took I was willing to avoid any potential issues.

It is obviously up to the individual as to what they choose to do, but I know for my BIL he had to go through more stress having to rush re-registering to ensure he could get the passport. Had he done it to start with it would have been a lot less stressful.

sarahtigh Mon 01-Jul-13 16:13:38

any current will, will be invalid the moment you marry, though it can be looked for for guidance on how you wished things

when it comes to inheritance it may not be your money bacause as you say you can cover that with a new will, but it would not cover anyone else's will that may leave money to your children; say your grannies money or great uncle fred, that only legitimate children get a share,

legitimacy still matters in some cases like titles when even marrying later will not do you must be married at time of birth, William and kates child would not be in line to the throne if they were not married even if they married later,

badbride Mon 01-Jul-13 16:12:20

Well, all you naughty people who haven't re-registered your DCs, prepare to have your wrists slapped. According to my cursory Internet survey of the Legitimacy Act 1976, you risk being convicted and fined the terrifying sum of.....£2.

Relevant para pasted below, courtesy of this website:

"Re-registration of birth of legitimated person.(1)It shall be the duty of the parents of a legitimated person or, in cases where re-registration can be effected on information furnished by one parent and one of the parents is dead, of the surviving parent to furnish to the Registrar General information with a view to obtaining the re-registration of the birth of that person within 3 months after the date of the marriage by virtue of which he was legitimated.

(2)The failure of the parents or either of them to furnish information as required by subjection (1) above in respect of any legitimated person shall not affect the legitimation of that person.

(3)This section does not apply in relation to a person who was legitimated otherwise than by virtue of the subsequent marriage of his parents.

(4)Any parent who fails to give information as required by this section shall be liable on summary conviction to a fine not exceeding £2.

TiredyCustards Mon 01-Jul-13 16:08:02

Yes but if the will's invalid ...?

mrsjay Mon 01-Jul-13 15:50:04

We have stuff about guardians - what would happen?

you can appoint gaurdians un married or not

mrsjay Mon 01-Jul-13 15:49:31

I never knew anything about it DD is a grown up now and this is the first time i heard about re registering,

TigerSwallowTail Mon 01-Jul-13 15:47:31

mrsjay I'm in Scotland too, you can re-register but I've never been told I had to re-register.

TiredyCustards Mon 01-Jul-13 15:44:43

I'm not worried about inheritance, as both dc are bastards at the moment grin

We have stuff about guardians - what would happen?

Perhaps I need to post in legal matters too ...

TigerSwallowTail Mon 01-Jul-13 15:43:26

Yanbu, it's up to you. Dp and I are getting married next year so will be re-registering our DD so we can change her name, she has my surname at the moment but will change to dp's surname with me when we marry. If we change it when we re-register we won't have to pay. The registrar didn't mention anything about this to us though, it was me that asked.

DarkWinter Mon 01-Jul-13 15:42:41

"Bit worried about the wills, but we need them updated to include ds anyway. Wonder why this isn't pointed outwhen you apply to get married?"

Because a will isn't a legal requirement for getting married. You DO have to change your will whenever your life circumstances change. Marriage makes a lot of changes to your life, when you think about it, it changes your next of kin, and LOTS of things. Changing your will when you get married is purely logical when you think about it.

VenetiaLanyon Mon 01-Jul-13 15:42:06

perhaps the re-registration covers the situation where, even if you've made a will, some long-lost great-uncle dies and leaves money to your legitimate heirs?
<clutching at straws>

mrsjay Mon 01-Jul-13 15:39:19

the law did change though so maybe it doesnt matter depends on the age of the children

TiredyCustards Mon 01-Jul-13 15:37:45

Oh dear, so many conflicting answers.

And It doesn't sound like I can trust the registry office to give me a truthful answer!

Bit worried about the wills, but we need them updated to include ds anyway. Wonder why this isn't pointed outwhen you apply to get married?

mrsjay Mon 01-Jul-13 15:15:24

dd was registered in her dads name I really dont think it matters does it she was in the wedding photies anyway grin

CoolStoryBro Mon 01-Jul-13 15:13:19

I still haven't reregistered DC1 and they are 16! In that time, they've had 3 passports and acquired a Green Card with no problems whatsoever.

I have never heard of this. DS1 was born two years before we got married. Could not a shit give <shrugs>

mrsjay Mon 01-Jul-13 15:08:21

I didnt know you are supposed to re register your children is this just in England and wales ? I am in scotland and i have never heard of this ? I wasnt married when i had dd1 i didnt think you had to do anything

ArabellaBeaumaris Mon 01-Jul-13 15:05:16

littleprincess you're assuming there that the mother changes her name, aren't you? I haven't changed my name (nor did my mother) so my ID remains the same.

ProfYaffle Mon 01-Jul-13 15:01:26

I sent off for passports for my dds, we weren't married when dd1 was born but haven't re-registered, and we were married when dd2 was born. Had no problems at all.

scaevola Mon 01-Jul-13 15:00:49

Yes, marriage invalidates a will (unless it was specifically drawn up in anticipation of the marriage).

But an old will can be used as a (non-binding) indication of wishes for things like guardianship. And with marriage, different intestacy provision kicks in for the new spouse.

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