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Removing a mans name from birth cert, he is NOT the real dad!

(5 Posts)
madhattershouse Wed 22-Jun-11 01:41:02

I know someone who has gotten herself in a real pickle. She had a dc by a man who did a runner as soon as he knew she was PG. She got involved with new man while she was PG and after the birth put his name down as the father (he was controlling and , it turned out, violent). Several years down the line she confessed to me that his name is still on the birth certificate and is unsure of what to do. She no longer knows where he lives and has no way to contact him. Is there any way she can put this right as I am worried that should anything happen to her this man would be legally responsible for the child. Any one know how to put things right?

wineisfine Wed 22-Jun-11 01:48:30

Was the child born before 2003? If so, the man named on the birth certificate doesn't automatically have parental responsibility. Automatic PR can I believe be removed via the courts if the child was born after 2003.

A DNA test would be enough to get him off the birth certificate I believe, but that would be difficult if neither the bio father nor the named father are around to give samples.

However, it's illegal to 'knowingly give false information' on a birth certificate. If she did so under duress there's probably recourse and she won't get in trouble.

madhattershouse Wed 22-Jun-11 01:58:23

The child was born in 2006. You have hit the nail on the head..she's scared that she will get in trouble so has put it off. She was very young ( mentally younger too) any idea of how she can sort this out..she is too scared to do it I think (she confided in me, her step mum, but won't let me tell her Dad as she is scared of what he will say) I feel so unable to help her...I told her to go to citizens advice but she still hasn't!

wineisfine Wed 22-Jun-11 02:08:28

Parental responsibility can be removed. That's her best bet. She might get into trouble for lying on the birth certificate but if she (or someone advocating for her, eg a McKenzie friend), can show she was doing so under duress - is there evidence of his violence etc? - I can't see her getting in trouble TBH. She will need to do this through the courts though.

You could try calling/contacting the general register office on her behalf to ask what would be needed etc? Then you could let her know what the process would be and she might not be so scared.

I hope someone with more detailed knowledge comes along in the morning!

Collaborate Wed 22-Jun-11 07:00:07

The corrections department of the register office is based in southport. Ring them up for advice. They're very helpful. They're more worried about getting official records right than punishing people.
She'd need some proof though. May be hard to get.

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