There is a lot of mixed messages on MN about birth certificates. It is not black and white.
The baby's father is the baby's father. That is a matter of fact. However, if you are unmarried you cannot put his name in the certificate unless he is present at the registration. Therefore you have some options.
- You can register the child alone and not notifying him as to when your registration appointment is.
- You can ask him to attend registration if he wishes to be named on the certificate.
If you go for option 1 it can be a temporary position. All the time he is not on the certificate he has no parental responsibility. Therefore cannot demand anything - with regard to the child .
However, he can make an application to the court for PR (which he will almost certainly be awarded) AND a child arrangement order to discuss the time to be spent with each parent.
Care of a child is not just physical. When PR is awarded BOTH parents have equal responsibility for the child's welfare. Matters such as healthcare , welfare decisions and education etc should be agreed by both. No one parent trumps the other. The focus is 'the child's best interests'. This also goes for physical care. At the beginning, the separated father could hope to be granted daily visits to the baby (once the PR is granted so baby could be 6 months old by then) in order to create a firm bond. This can then move to overnights. Breast feeding is not necessarily a bar. The father can feed expressed milk .
Again, it's about the best interests of the baby. Is it best for the baby to have nourishment direct from the mothers boob at the expense of being denied time to create a bond with the father ? - or is the father so inadequate and looking solely to deprive the mother of the child ? Only the parents know the truth and need to put feelings about each other aside . If they are not able to do this then the court will decide for them .
There are other outcomes for Option 1.
He doesn't bother to challenge it. Because he never wanted a child. The threats of 50/50 are just posturing to exert control and fear.
He may WANT to challenge for PR but simply has no idea how to go about it and the mention of court and fees scares him off. (Your child being denied an otherwise competent father through ignorance of the law is in my view very sad)
Option 2.
All of the above except the first steps (and cost - £215 for DIY application) for the father to establish PR are avoided. This may look a better option as the mother will be thinking 'at least I get the baby to myself for 6 months' .. but is this genuinely in the babies best interest or just the mothers. ?
If the father is genuine in his commitment to the child, then surely establishing a bond from day 1 is better for baby than introducing them after a lengthy court process ?
The decision to name or not name is difficult where the parties are conflicted . It is extraordinarily difficult to put emotions to one side and focus on the child at times like these.
Personally. I would say that if you honestly believe that he wanted a child and will be an engaged and caring father towards them - then ask him to register with you.
However, if this was unplanned and he has shown know genuine interest and is using baby as a means to make you unhappy, then register alone and make him jump through the hoops to prove his commitment to the child.