Unmarried - what does that mean for my DCs?

[BusyCee]

Hello MNers. I'm new to this lark, so forgive me if I make any faux pas. What I've learnt in my fortnight lurking on MN is that here be the answers to pretty much any Q in the know universe so, here goes...

I've just registered 3wk old DS2, and again been advised that if my other half and I decide to get hitched (we currently live in sin - horrors!) we should get both DCs re-registered. I asked the registrar why (e.g., what's their current legal status, how would this be different if we married) but she couldn't tell me, and neither could google. Can anyone give me a quick summary or what the legal sitch is?

(BTW, other half isn't showing any signs of presenting me with an ENORMOUS diamond and making an honest woman of me, so this is all theoretical at the moment!)

Thanks in advance...x

www.gov.uk/correct-birth-registration/what-corrections-can-be-made

According to the info above, you can re-register following marriage but it doesn't sound like you have to (a birth cert is about the situation at that point isn't it...)

In your position I'd be more concerned about whether my name was on the mortgage (if applicable), what would happen to assets if partner died, etc rather than the birth cert.

its about them being considered legitimate children if either of you die i think.

Very outdated if so.

But basically if you didn't do it when you got married, then had another child, that child would be considered legitimate and would inherit over the illegitimate children.... or something

My friend had the same dilemma and i'm just trying to remember what she said!

Inheritance-wise there is no difference between legitimate and illegitimate children. Both are considered equally in the eyes of the law. Assuming your dp was with you when you registered the birth he also has equal parental responsibility as you. A married father has this right without having to attend birth registration.

The law requires you to re-register the birth if you marry subsequently - Legitimacy Act 1976 Section 9. If you fail to do so you can be fined but I wouldn't worry about it. The maximum fine is £2! And failure to re-register the birth doesn't affect the legitimacy of the child. If you marry your partner your son will automatically become legitimate.

Titchy is right that there is no difference between legitimate and illegitimate children in terms of inheritance. In the absence of a will they all get the same share.

Practically though I've found since I have changed to take my husbands name in marriage , it does make it easier to 'prove' I'm their mother without extra ID. Recently applied to new school for example and for my friend who hadn't reregistered, she had complications with getting her wedding certificate verified as another piece of evidence.

Births and Deaths Registration Act 1953

SEC 14 Re?registration of births of legitimated persons.

(1)Where, in the case of any person whose birth has been registered in England or Wales, evidence is produced to the Registrar General which appears to him to be satisfactory that that person has become a legitimated person . . . F1 the Registrar General may authorise at any time the re?registration of that person?s birth, and the re?registration shall be effected in such manner and at such place as may be prescribed:

Provided that, except where?

(a)the name of a person [F2stating] himself to be the father of the legitimated person has been entered in the register in pursuance of section ten [F3or 10A] of this Act; or

(b)the paternity of the legitimated person has been established . . . F4 by a decree of a court of competent jurisdiction; or

(c)a declaration of the legitimacy of the legitimated person has been made under [F5section 45 of the M1Matrimonial Causes Act 1973][F6or section 56 of the Family Law Reform Act 1987],

the Registrar General shall not authorise the re?registration unless information with a view to obtaining it is furnished by both parents.
(2)Where the Registrar General believes any person to have become a legitimated person . . . F1 on the marriage of his parents, and the parents or either of them fail to furnish within a period of three months from the date of the marriage such information, if any, as may be necessary to enable the Registrar General to authorise the re?registration of that person?s birth, the Registrar General may at any time after the expiration of the said period require the parents or either of them to give him such information concerning the matter as he may consider necessary, verified in such manner as he may direct, and for that purpose to attend personally either at a registrar?s office or at any other place appointed by him within such time, not being less than seven days after the receipt of the notice, as may be specified in the notice.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4)This section shall apply with the prescribed modifications in relation to births at sea of which a return is sent to the Registrar General.

[F8(5)This section shall apply and be deemed always to have applied in relation to all persons recognised by the law of England and Wales as having been legitimated by the subsequent marriage of their parents whether or not their legitimation or the recognition thereof was effected under any enactment.]

WHHHHHAAAAATTT?
I need to re-register my DC in order to 'legimitise' them? Ohh I'm seeting now!

I registered DC3 recently, and we were told we would need to re-register if we marry (No memory of them saying this with DD1 or 2 but guess they must have).
It really irritates the hell out of me, especially reading the above gumpth. (Sorry, you prob didn't all need to see that twaddle but couldn't link it for some reason)

Thanks Ladies. Where else in the world would I get an obscure legal Q answered within 2hrs ins Monday evening...?

So it seems there isn't a practical, RL reason to re-register. More a sort of legal hangover?

Agree re the different surnames, though. DCs have DPs name and it is tedious to repeatedly explain why mine is different at Drs/school/dentist etc...

i has ds1 in 2002, dh is on birth certificate but we werent married, we got married in 2004...do we have to reregister???

sorry for the hijack.

www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

It can affect the parental rights and responsibilities of the unmarried father. The mother has these automatically, but an unmarried father only has these if he jointly registers the birth with the mother. You probably did this though.

As Phiney suggested, I would be conscious of my legal status in terms of property, pensions, inheritance tax, separation etc, especially if scaling back on a career to take care of young DC.

it's not so much the interests of the DC, but the interests of either you or your DP if the other died, or if you separated, if you remain unmarried.

See many many MN threads for examples. You would not necessarily be regarded as next of kin, you would have no right to stay in the house (if it's not in joint names), if you separated you would not be entitled to any maintenance for yourself or any share in each other's property (subject to the exact beneficial interests), etc etc.

it's potentially rather more than an obscure legal hangover.

I think (and I'm sure one of the lawyers can confirm) that children of parents who are unmarried at the date of birth can't inherit titles even if the parents subsequently marry. This may not be too much of a problem for the OP.

notanyanymore - No. Under the Legitimacy Act 1979 your children become legitimate when you marry regardless of whether or not you re-register them.

swannylovesu - As per my previous post you are supposed to re-register now you are married but it doesn't really matter if you don't.

Thanks iheart. You make a good point - will book an appt with solc to formalise worst-case-scenario plans.

You're right, Sicut. Inherited titles aren't an issue...!

If you die your partner will not automatically have parental responsibility for your children unless you registered them jointly. Guardianship will be decided by and awarded by the court.
If you registered them jointly then fine - if not then make sure you have a will in place appointing him as guardian, although even this is not legally binding and is only considered an expression of wish.
Both legitimate and illegitimate children can inherit under an intestacy but who wants to die intestate ?