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Wrong info on birth certificate

14 replies

Firsttimekittenowner · 01/07/2019 14:45

NC For this.
When dd1 was born 7 years ago, I was married but separated - we lived apart and he didn't want to be registered as her biological father, although he is. I have no excuse for my stupidity, but he was very depressed and had had two big bereavements in the weeks before she was born. So I did as he asked and I didn't put him on the birth certificate and never thought about it until now. We are still married (happily,now) and have two more dc, today I came across their birth certificates and realised he isn't registered on dd1s.

I've called the registry office to see how I can add him, and I've been told they are referring me to someone else because it's an offence to not register the father of you're married to him at the time of birth .

Can anyone tell me how much trouble I'm likely to be in? I feel sick and stupid, I know I shouldn't have lied and want to prepare myself.

OP posts:
Soola · 01/07/2019 15:41

Perjury Act 1911 which covers the deliberate provision of false information to birth registrars,. It appears that you may be in breach of this.
4 False statements, &c. as to births or deaths.
(1)If any person—
(a)wilfully makes any false answer to any question put to him by any registrar of births or deaths relating to the particulars required to be registered concerning any birth or death, or, wilfully gives to any such registrar any false information concerning any birth or death or the cause of any death; or
(b)wilfully makes any false certificate or declaration under or for the purposes of any Act relating to the registration of births or deaths, or, knowing any such certificate or declaration to be false, uses the same as true or gives or sends the same as true to any person; or
(c)wilfully makes, gives or uses any false statement or declaration as to a child born alive as having been still-born, or as to the body of a deceased person or a still-born child in any coffin, or falsely pretends that any child born alive was still-born; or
(d)makes any false statement with intent to have the same inserted in any register of births or deaths:
he shall be guilty of a misdemeanour and shall be liable—
(i)on conviction thereof on indictment to penal servitude for a term not exceeding seven years, or to imprisonment . . . F1 for a term not exceeding two years, or to a fine instead of either of the said punishments; and
(ii)on summary conviction thereof, to a penalty not exceeding [F2£100].
(2)A prosecution on indictment for an offence against this section shall not be commenced more than three years after the commission of the offence
So the long and the short of this is that you may well have committed the offence of perjury but you can not be prosecuted in the Crown Court if more than 3 years have passed since the registration you can not be prosecuted in the Crown Court but you can be prosecuted in the Magistrates Court. This means that the maximum penalty would be a fine.

Soola · 01/07/2019 15:42

^^^

I copied that from the internet.

You omitted something rather than have false information so I don’t think you will be in too much trouble, if any.

LordProfFekkoThePenguinPhD · 01/07/2019 15:45

I’d be amazed if there was any fall out but why not call the citizens advice bureau?

MonkeyTrap · 01/07/2019 15:49

You’ll be fine. They’ll just rectify it.

Sicario · 01/07/2019 15:54

You will definitely be fine. It won't be an issue.

Firsttimekittenowner · 01/07/2019 16:03

Thanks for that info Soola.
The lady on the phone said that at the time I would've been asked if I was married to the father of the child and I obviously said no, so I have lied on a legal document. I dont know whether I was asked, it was 7 years ago but I'm inclined to agree that I probably did lie.

Hopefully it does come to nothing but I'm very worried about it. I feel so stupid. I hope my dd never finds out.

OP posts:
Firsttimekittenowner · 01/07/2019 16:54

Also, does anyone know if a prosecution would show on an enhanced DBS? I work in the NHS

OP posts:
LordProfFekkoThePenguinPhD · 01/07/2019 17:41

It won’t come to that. I have a relative who was a bigamist for a short time before it was noticed that the person responsible for filing divorce papers had a bit of a wobbly and shredded a pile of them - so technically she wasn’t divorced when she married her new his-band. It’s a great story - now - though.

LordProfFekkoThePenguinPhD · 01/07/2019 17:42

His- band? Husband.

And yes a DRB would show a conviction but it really won’t come to that.

LittleWalnutTree · 01/07/2019 17:47

You were separated at the time. I think that common sense should prevail and they shouldn't take things further by saying you lied. You weren't deliberately trying to evade the truth, you answered the question you were asked.

prh47bridge · 01/07/2019 18:14

Also, does anyone know if a prosecution would show on an enhanced DBS

Yes but it wouldn't be there forever. While it is there (if that happens) your employer must consider whether or not the information is relevant rather than simply banning anyone with anything at all on their DBS.

PCohle · 01/07/2019 18:20

Oh god I wouldn't worry about it. There's no chance they prosecute you for this.

Just say there must have been a misunderstanding as you were separated at the time. How can they possibly prove you were "wilfully" misleading?

FakeUsername · 01/07/2019 18:25

I guess if really desperate and it went to the hilt you claim you weren’t sure he was the father (you were separated) but you now have new information that shows he must be? Hard to disprove, not ideal but if it came to it...

Firsttimekittenowner · 01/07/2019 18:58

So the general consensus seems to be not to worry too much about it then? I am a huge over thinker and have been catastrophizing about losing my job and all sorts!
I really appreciate all of the advice, thank you.

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