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Son's ex-gf won't put his name on baby's birth certificate

8 replies

ElsieTannerAsWell · 07/02/2011 15:33

...but she's after him for money, and he's in training, only getting jobseeker's allowance at present so doesn't have any spare cash.
She dumped him while 5 months pregnant and wants no more to do with him.
It's pretty certain he is the father from the baby's looks but she was pretty harsh in telling him it's probably him but could be any one of three or four "but I'm on antidepressants so it's not my fault"!
She's registered the birth but put "unknown" under "father's name"... in which case, what's his legal position? Does he have to pay her if she won't acknowledge he is the father? Has he any legal right to force her to put his name on the certificate (I'm assuming a DNA test may be necessary)?
Thanks for listening...

OP posts:
cestlavielife · 07/02/2011 15:37

there needs to be a DNa test, doesnt there?

then take it from tehre. on JSA, she only gonna get £5 per week out of him...

but if he IS the father than he can ask for contact.

Snorbs · 07/02/2011 15:44

I'd strongly recommend he call Families Need Fathers. They can offer him a huge amount of advice and support.

prh47bridge · 07/02/2011 16:03

The only way she will get any money from him is through the CSA. If she tries he can dispute parentage. It will then be up to her to provide evidence to support her claim that he is the father. If she sticks to her "it could be any one of three or four" line she won't get a penny from him through the CSA.

Resolution · 07/02/2011 16:03

When the CSA get in touch he can deny paternity. He will then be offered a DNA test. If he is shown to be the father he will have to pay for the test. If not, there you go.

There is a procedure for adding his name to the birth certificate. This is a link:

www.direct.gov.uk/en/Governmentcitizensandrights/Registeringlifeevents/Birthandadoptionrecords/Registeringorchangingabirthrecord/DG_175620

Olessaty · 07/02/2011 16:08

My DD's father pays maintenance through the CSA and his name is not on the birth certificate. One reason was that I believe they have to be there to sign it, and the other was to stop him having automatic PR given our (bad) circumstances.

He should be able to contest paternity, they do the DNA test and he will only pay for it if he's the father. I do believe you can get parental responsibility through the courts, speaking to a solicitor is a good bet, many offer free consultations and legal aid is of course available to those on a low income.

ElsieTannerAsWell · 07/02/2011 16:09

Thanks, all - I'll give him the link to Families Need Fathers. The Government site looks useful, but she's adamant that she's not putting his name on the birth certificate. I see it says that even after a court issued Declaration of Parentage it only says "can be re-registered" rather than "must be" so sadly it looks like this won't happen for him.
The relationship is cold but cordial and he's a sensitive sort (isn't every mother's son? vbg) so he really doesn't want to force the issue legally but he so wants to be involved.

OP posts:
floatyjosmum · 09/02/2011 07:33

my advice would be that if she involves csa he asks for a dna test by denying paternity. once the test is done he can then apply for PR, its easier if she arees to it but she doesnt have to.

Due to the rules about PR now the courts do generally give PR to dads even if the mother doesnt agree unless he's done something awful (and i mean really bad)

Once he has PR he can add his name to the birth certificate, it would mean that she is reregistered but my son's borth certificate is like this and tbh i dont think anyone ever notices!

Resolution · 09/02/2011 08:04

"I see it says that even after a court issued Declaration of Parentage it only says "can be re-registered" rather than "must be" so sadly it looks like this won't happen for him."

Just pick up the phone and speak to the register office. It will only not happen if he can't be bothered to do anything about it.

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