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Declaration of Non Parentage - Scotland

8 replies

Travis1 · 18/02/2019 10:33

Hi,

Have done a fair bit of googling and I don't think it's possible but hoping I've missed a form somewhere!

In Scotland is it possible to apply for a declaration of non parentage without legal representation? I can find the forms for England and Wales but not Scotland.

I would like to have my birth certificate updated and father removed. I've been quoted approx £2k for this from a solicitor which I can't afford at the moment and can't see I would get legal aid due to salary etc.

OP posts:
prh47bridge · 18/02/2019 11:05

Are you saying that the person named as father on the birth certificate is not your biological father?

Travis1 · 18/02/2019 11:33

Yes that's correct - they lied because it was easier than doing it properly. Hmm

OP posts:
cdtaylornats · 18/02/2019 21:21

You can remove a father's name only with a court order stating he isn't the biological father.
Only the parents can change a fathers name and they might be prosecuted for providing initially false information.

Travis1 · 19/02/2019 08:27

@cdtaylornats yes I know it needs a court order but my question is is there similar paperwork in Scotland as there is in England and Wales that I can submit to the court myself. It doesn't have to be raised by the parents - I have verified this with a local solicitor but as above it will cost me £2k to proceed via them - and at this point I really don't care if they are prosecuted I'm sick of my life being a lie right down to my bloody birth certificate.

OP posts:
cdtaylornats · 19/02/2019 12:07

Correction of errors
A registrar can correct certain clerical errors made by a registrar (for example an obvious spelling error or a transposition of letters or figures) to a birth, still birth, death, marriage certificate or civil partnership certificate. They can also correct a prescribed error (error in information given by the informant). Proof of the correct facts to be recorded must be produced to the registrar.

This can only be done at the registration office where the registration took place, before the entry has been examined . After examination has taken place, the error must be corrected by the Registrar General.

This can be done at any time once it has been examined at your local registration office. If the certificate is incorrect, proof of the correct facts to be recorded must be produced to the registrar.

Some errors can only be corrected on the authority of the Registrar General for Scotland. In this case they will authorise the correction and a formal notification will be sent to the registration office where the event was registered.

The fee chargeable would be the cost of a new extract: £15

cdtaylornats · 19/02/2019 12:09

Looking at the above you should go to your local registrar's office and put the facts to them.

Travis1 · 19/02/2019 13:46

I have, thus the reason I know it has to be done via court order and it will cost me £2000. I've spoken to the registry office, the office for national records in Edinburgh and a local solicitor. All singing from the same hymn sheet.

I was trying to find a way of submitting it to court myself when i came across the English equivalent which is a 12 page document plus £300ish fee. I was just hoping a lovely legal bod would say 'yup Scottish equivalent form is here' and save myself a fortune but it seems I'm onto plums so need to start saving.

At the end of the day this wasn't an 'error' it was a conscious decision made by both parties to lie to the registry office when they updated my birth certificate after their marriage. No ambiguity involved. No possible 2 fathers etc etc. Him being my father is a physical impossibility when they didn't meet until I was several months old.

OP posts:
cdtaylornats · 19/02/2019 22:02

Registering the wrong information is an offence so perhaps the police might help.

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