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Anyone get their father added to their birth cert posthumously? (as an adult)

(32 Posts)
NotMakingDinner Thu 25-Jun-20 08:49:45

Sorry it's not an AIBU but I need the traffic as this is a weird one.

We need to add Dh's father to his birth certificate so he can apply for citizenship of that country. Unfortunately, his father died 40 years ago and isn't here to take a DNA test.

Dh has uncles who I think would be willing to take a DNA test to prove their link to him. He also has a half sister who has taken an informal DNA test (ANcestry.com) and they've matched as half siblings. She has their father on her birth certificate. We could pay for her to have a legal DNA test to prove the link.

Currently, there is no one in the "father" section on DH's cert, if that is relevant.

I've asked and been in touch with local family law firms and no one had dealt with it and was passed other numbers.

I've researched and found cases where people were able to get DNA from a deceased person to add them to a child's birth certificate but nothing exactly like this.

Any thoughts?

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NotMakingDinner Thu 25-Jun-20 09:29:13

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NotMakingDinner Thu 25-Jun-20 11:00:43

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Louise24902 Thu 25-Jun-20 11:04:51

Sorry I don't know anything about this but just wanted to comment to bump your post, hopefully someone will know! X

NotMakingDinner Thu 25-Jun-20 12:28:57

Thank you Lousie I suspect it's so specific that I won't find anyone tbh.

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lyralalala Thu 25-Jun-20 12:31:51

You'd have to get very specific advice for the country in question and if they'd accept it.

The fact his father is deceased may make it impossible.

Basecamp65 Thu 25-Jun-20 12:51:15

Where the parents married - my limited knowledge is that in the UK then if parents are married then the birth fathers name can be added later more easily - it is much more difficult if the parents were not married.

But my knowledge is based around children in UK who have fathers in UK prisons - so not probably much use tbh.

Chartsandgraphs Thu 25-Jun-20 12:51:28

Each country has very specific rules so this isn't going to do you much good. An immigration/visa lawyer would be a better bet.

Forallyouknow Thu 25-Jun-20 13:10:33

DP had this as a child re. a first birth certificate in a non-eu country where you couldn’t get a BC without a father on it back then - but the specific country’s legal system is very relevant - his mother had to take her in-laws to court. He had a court ordered birth certificate in the end. Hope that helps and good luck.

NotMakingDinner Thu 25-Jun-20 13:25:18

Where the parents married - my limited knowledge is that in the UK then if parents are married then the birth fathers name can be added later more easily - it is much more difficult if the parents were not married.
No, his mother was married and separated to another man.

Dh is English and was born in England, his father was from NI. We think he'd be able to apply for Irish citizenship based on that. But would need to sort it out with his birth certificate before we could apply.

So it's all British paperwork and then applying for an Irish citizenship once organised.

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sergeilavrov Thu 25-Jun-20 13:53:41

Here is the relevant statute for Northern Ireland. I believe, though this isn’t my area, that you apply for the Declaration of Parentage, then the court with administer a DNA test via the father’s relatives. This process results, when successful, of a reissuing of a birth certificate with the father added.

The one issue is that you have to demonstrate why this is in the interest of your child. This could be an interesting debate to have with a Northern Irish judge.

sergeilavrov Thu 25-Jun-20 14:00:04

Sorry, husband not child. Haven’t slept yet. Additionally, Ireland has fairy strict rules on citizenship by descent. If your husband’s grandfather was not an Irish citizen - he will not be entitled to citizenship. However, for that stage of the application (after the declaration of parentage), I would strongly advise consulting an Immigration Lawyer based in Ireland. This lays things out quite simply.

NotMakingDinner Thu 25-Jun-20 14:02:26

Thanks Sergeilavrov, I've printed off that declaration paperwork before (I think) and it had some questions that I struggled with, namely that it' supposed to be filled out by his mother (presumably for a minor) and as he isn't a minor and his mother isn't living anymore either I was a bit hmm about paying the 3/400 quid or whatever it was for the paperwork + court fees I assume and getting nowhere .

I did wonder if we'd make the point that it would be in DH's interests and our children's interests to have a legal record of his father. This would be true as well as we would like to have his biological father recognised formally on the paperwork.

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NotMakingDinner Thu 25-Jun-20 14:04:18

If your husband’s grandfather was not an Irish citizen - he will not be entitled to citizenship.

His grandfather and grandmother were born in NI, am I reading it wrong that this also makes him entitled to Irish citizenship? The websites say the "Ireland of Ireland". So I thought so.

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NotMakingDinner Thu 25-Jun-20 14:05:36

I'm an EU citizen and post brexit we've been wanting to move back to the EU (but not to the country of my passport) so in a bit of limbo as to what we can actually do and this would help us a lot.

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NotMakingDinner Thu 25-Jun-20 14:08:31

*The Island of Ireland

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NotMakingDinner Thu 25-Jun-20 14:09:25

Oh and thank you to everyone who has answered so far smile flowers

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sergeilavrov Thu 25-Jun-20 14:10:02

You may have some luck getting specific advice, by requesting Mumsnet to move this to the Legal forum. There are lots of great people there, though I suspect the key is asking a solicitor to make the application on your behalf. Citizenship applications to Ireland are backlogged anyway, so time is on your side in terms of saving up (though this shouldn’t be too expensive with a family lawyer).

sergeilavrov Thu 25-Jun-20 14:12:10

@NotMakingDinner Ah, you’re actually in the same situation as my parents. The law here is unclear, so they have sadly delayed their retirement home in sunnier climes until after a treaty is negotiated. The issue is not the residence of my father, which is governed locally (so check with the country where you wish to move), but rather my mother losing her right to be in the U.K. if she is out of the country for too long. In the end, they have decided to spend winters abroad and summers at home once things are clearer.

NotMakingDinner Thu 25-Jun-20 14:58:14

Thanks sergeilavrov, I have also posted in legal but it's a bit quieter there so I thought I'd try my luck that someone else has actually done it before. I think probably not though!

We will speak to an immigration layer probably when we have the money too. I have been in touch with local family law firms and none had dealt with it before. One actually pointed me to an entirely unrelated website for people who search for heirs saying they might be able to help.

Hope it works out for your parents. flowers

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Rainbowshine Thu 25-Jun-20 14:58:40

his father was from NI. We think he'd be able to apply for Irish citizenship based on that.

As others have said you probably need some legal advice as the citizen rights of those born in NI to have Irish citizenship has been contested in court recently, as the Good Friday agreement and some of the Brexit aftermath confuse the situation.

NotMakingDinner Thu 25-Jun-20 15:00:14

As others have said you probably need some legal advice as the citizen rights of those born in NI to have Irish citizenship has been contested in court recently, as the Good Friday agreement and some of the Brexit aftermath confuse the situation.

Urgh. Thank you Rainbowshine, we will look into lawyers when we have a bit more money and hopefully slightly more idea if it will actually panout for us.

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StCharlotte Thu 25-Jun-20 16:05:18

Can your DH take your nationality?

NotMakingDinner Thu 25-Jun-20 17:16:44

Annoyingly not while we are here and he can't move there without an EU passport. hmm He'd also need to speak the language to a reasonable degree to apply.

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JagerPlease Thu 25-Jun-20 17:25:34

If you're an EU citizen, and want to move to another EU Member State that isn't your country of nationality then you are able to bring your family members with you, regardless of their nationality

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