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AIBU?

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Original poster

Re registering child’s birth after marriage?

61 replies

Faerie87 · 08/08/2018 17:59

Hello

Sorry if this has been asked before, I’ve been looking online for it too and can’t find a reason for doing it.

My partner and I are getting married next year, we have a daughter together, when we went to do the notification of marriage the registrar told us that it is a legal requirement to re register our daughter to show that she is a child of the marriage.

I have read that this has something to do with inheritance but I also have a Will in place, should that not be enough?

I will be taking my partners name and also gave our daughter his name so when we do get married we will all have the same surname, so I’m just not seeing the point to it? We also believe the days of illegitimate children and all that were in the past, so it has never really bothered us that we had our daughter before getting wed!

I understand that it is the law, but is it really relevant today?

Again apologies if this has been asked before :-) x

OP posts:
beetrootbang · 08/08/2018 18:09

It is to do with inheritance. If you have any children born whilst married they would inherit before those children outside of marriage, and could potentially challenge any will you have made.

beetrootbang · 08/08/2018 18:11

I know it is a bit of a faff, but better just to reregister your daughter to protect her interests later on.

kitkatsky · 08/08/2018 18:12

You're right in everything you say, but consider if you had another child and when you and DH die they fall out and dispute the will. As the law stands at the moment, the child born within wedlock would win any reasonable challenge as they're a product of wedlock. You're absolutely right that it's archaic and wrong, but it is how things are at the mo. Sadly lots of laws around family are outdated

user1493413286 · 08/08/2018 18:12

We were told the same as above; annoying but we’ll do it anyway....at some point

olderthanyouthink · 08/08/2018 18:15

This explains why I'm registered twice, sort of, I'm down with my mums maiden name and with my dads and current surname on births deaths and marriages. My parents didn't seem to know anything about it though...

Original poster
Faerie87 · 08/08/2018 18:21

It’s mad I know a few other people with the same circumstance, although they have gone on to have children after marriage and they had no idea that they needed to reregister their child that they had before marriage.

I hear what you say, I will be reregistering her but it’s sad that in today’s society that this is still a thing! Xx

OP posts:
hidinginthenightgarden · 08/08/2018 18:23

We haven't re-registered DS.
His Sibling is adopted so not sure if that affects wills at all.

DontCallMeCharlotte · 08/08/2018 18:25

I think It's a lovely thing to do - like getting married Smile

1stTimeMama · 08/08/2018 18:27

I had no idea about this. My husband and I had 3 children together before we got married, and have had another since. No one has ever mentioned this to us!

How can you just rewrite history to make it seem we were married when we had them?

Is this actually a legal requirement?

Original poster
Faerie87 · 08/08/2018 18:28

I think it’s nice to do for our daughter and I wi be doing it, I’m just shocked at the amount of people who don’t know about it?

OP posts:
Original poster
Faerie87 · 08/08/2018 18:30

@1stTimeMama

I don’t think you would ever get fined or into trouble for it but, yes, I was told that it is a requirement.

www.independent.co.uk/life-style/health-and-families/kids-before-married-wedlock-children-law-understand-la1-legitimacy-act-1976-a7923506.html

I have read that article, been trying to find something that goes into more detail about the laws but can’t seem to find anything?

Xx

OP posts:
Original poster
Faerie87 · 08/08/2018 18:31

To be fair I did not know about it into the other day also!

OP posts:
olderthanyouthink · 08/08/2018 18:31

Got me curious now, how would you check if you were reregistered?

Original poster
Faerie87 · 08/08/2018 18:37

@Olderthanyouthink - I’ve recently had to apply for my birth certificate, as when I did the notification of marriage I needed it as ID, my passport had run out earlier this year and I did not want to pay for a new one especially when I’m not going abroad this year and I’m changing my name next year.

I think if you apply for your birth certificate it will have the date of registration on it which will give you an indication on whether you have been reregistered so for example if it was after your parents wedding day?

OP posts:
SilentEm564 · 08/08/2018 18:40

But does the inheritance issue still matter if you have a will though? Persumably the inheritance will just be split as per the will?

Genderwitched · 08/08/2018 18:44

This is an interesting thread, thank you OP.

DP and I will be getting married this year after 25 years together and two DC. We will not be having any more, I am way past it.

I hadn't heard of this, will there be any advantage to our existing DC to do this. I am sure that we will if it is a requirement, but I was just wondering?

Original poster
Faerie87 · 08/08/2018 18:45

@SilentEm564 - I think it goes back to days where illegitimate children were not able to inherit, and therefore if you have a child outside of marriage, even with a Will in place the child outside of marriage could end up with nothing if the children you had within the marriage decided they were going to challenge your Will.

You would hope your children would not do that to one another but I guess it’s just a way of protecting the child or children you have before getting wed?

I think it also begs the question on what right do kids from other relationships have, if you get married?

Xx

OP posts:
SalsaLala · 08/08/2018 18:46

Can I ask a similar question (sorry!) DP and I have two children together, no others. We’re getting married soon and he’s had the snip so no plans for any children after the marriage. Am I right in thinking there’s no real need to reregister here as they will have equal standing in terms of inheritance?

Ceecee18 · 08/08/2018 18:47

SilentEm564 As I understand it, wills are just your wishes. They aren't final and can be overruled by a court. So if there was someone (a child, or partner or other family member) who disagreed with it, they could challenge it and a court could decide in their favour. So it's best to re-register, just in case.

Fightingbeing40 · 08/08/2018 18:48

I had no idea! We have been together for 25 years and married for 13 of them, older child is 15 and youngest 9. So one before and one after- had a look at the link and it says ‘England/Wales’- we are in Scotland does this still apply.

Original poster
Faerie87 · 08/08/2018 18:49

The registrar told me it was a legal requirement to reregister, I don’t think you would ever get into trouble for not doing it as many people are unaware of this!

It’s just really odd that so many people were not made aware of this.

Xx

OP posts:
SilentEm564 · 08/08/2018 18:50

Wow never knew it was that complicated. I always thought a will was the final say. Thank you OP and others who's brought this to my attention.

Original poster
Faerie87 · 08/08/2018 18:51

I don’t think it applies in Scotland, but I have not found much info on it on the internet so I could be wrong.

OP posts:
Genderwitched · 08/08/2018 18:52

SalsaLala

I'm off to do some googling, isn't it amazing what you learn on Mumsnet. The kids will be quite disappointed, they've always been quite pleased to be illegitimate (14 year olds have odd senses of humour!)

Fightingbeing40 · 08/08/2018 18:57

Thanks Faerie, I really need to look into this as didn’t realise that it could have implications re inheritance etc. Off to google it too

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