I'm quite worried for friend of mine, has two children in a same sex relationship, but not married, children conceived outside of clinic setting, via doner, yet both named on birth certificate

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So the relationship is breaking down, violence been involved from my friends partner to her, her partner is the birth mother

my friend has somehow been named on the birth certificate, yet doesn't seem to meet the requirements to do so
The requirements basically are be married or civil partnership
Then be conceived in a uk registered clinic
Or have a parental agreement drawn up.

So they don't meet those requirements, yet somehow they have both been added to the birth certificates of the kids

Now separation seem inevitable, friend is desperately worried her partner will hold all the cards regarding their children
So I said I'd post on here for advice

Nit saying they have but if they told a lie and said they meet the criteria above, but actually didn't what would happen next

And what should my friend do yo ensure she doesn't end up with no rights to see the kids

If she is on the birth certificates but shouldn't be, and that's proven, a court can and likely will remove them and issue new ones.
The rules are strict about how you can qualify. Your friend needs specialist legal advice

This. No-one here can tell you any more.

Thank you so much, for your replies.

But how did the registrar let them both go in the birth certificates, when they don't meet the criteria? Wouldnt they need proof? Say to show them we're married, or a copy of the parental agreement

Why has the registrar done this?

Being on the birth certificate is all my friend is clinging onto

So could the birth certificate be overruled and re written ?

A mistake? Parents lied? Lack of training or effort, who knows?

Yes, birth certificates can and are changed when they are found to be incorrect or fraudulently obtained.

Oh no 😪

How old are the children?

She can apply gor a child arrangements order (live with). This would grant parental responsibility for the life of the order without needing to be on the birth certificate.

4 and 1

Why shucks? She loves
them kids dearly

Would her partner have to agree with this ? I don't think shes going to agree to anything that will weaken her hand as such

When I registered my daughter just over four years ago my wife and I (both female) were not asked for evidence. I remember being told by others that you don't get asked for evidence which seemed odd.
When we registered our son 6 months ago the registrar asked to see our marriage certificate to confirm we were married at the time of conception, so I suspect they have tightened up due to people not following the process properly, either accidentally or intentionally.

However, assuming that she has actively raised the children, they see her as a parent, and her partner put her on the certificate (shows she is an intended parent) she is more protected than she fears. The court have previously maintained custody for non-bio/non-legal parents where stopping the relationship would be harmful to the children and that will always be the priority.
They would not separate a loving parent and child over a legal technicality

She applies to court. If ex partner doesn’t agree then the court decides one way or the other.

I really feel for your friend as a victim of violence, and I hope she gets away, but this sounds arguably even worse for the children. I hope they’re safe 😞

Separate from the abuse, it’s just such obviously bad judgement to lie on the birth certificates. Like, just casually sowing the seeds of chaos

Birth certificates are a legal document, they can be changed if found to be fraudulent.

This is so sad for your friend but surely how this came to be lays at the feet of your friend and her partner?

Yes I do agree they should have had some sort of legal agreement drawn up, at the start of they didn't want to marry
But they didn't

She's not related to those children, either legally or biologically. She has pretty much no rights to ever see them again.

This is outdated, family court will preserve relationships in the best interests of the children.

It's cant be that black and white tho, as she is named on birth certificates and it was doner sperms done outside clinic settting
And been in there lives the oldest 4 years

Need to seek legal advice and apply for parental responsibility and a child arrangement order. Also will need a rational explanation about how the birth certificate was completed wrongly.

That doesn't make my point "outdated" it's a fact that she's neither legally or biologically related to the children. It's a fact that she has no automatic rights to see the children.
A court could of course preserve the relationships if it's in the best interest of the children, but that in no sense changes the above facts.

It will 100percent be in the children's best interests to have my friend, in their lives.

Facts are facts. Is she biologically related? No. Did they do the legal necessities to give them a legal relationship? No, according to you.
All they have is a fraudulent birth certificate that they weren't entitled to gain. That doesn't grant them any legal rights.

There may be steps they can take in court, but they need specialist legal advice, not the internet.

Surely their has to be some responsibility on the registrar for the birth certificates?

I think that's what's given my friend a fake sense of relief
, the fact she was named on the birth certificates