Is my ExH my daughters legal father?

[Lookingatthestars89]

Hi.

Almost a decade ago my ex husband and I split up. Six months later I decided that I wanted to have a baby - so I did. The biological father if my daughter was an informal sperm donor.

There's no fathers name on my daughters birth certificate. Here's the thing, legally I was still married to my ex husband, we had started divorce proceedings but I didn't receive my decree absolute until three months after her birth.

I have read that a woman's husband is always assumed to be a child's father - is that the case here?

I think that’s one of those archaic things.

Might still be technically the case but nobody will actually enforce it in any way. Eg, If you chased him for CM or he wanted shared custody, neither of you would get anywhere.

As far as I am aware if you are married you can put your husband's name on the birth certificate without him being physically present (as per the husband is assumed to be the father), if unmarried the father needs to be there in person before his name can be added. Your ex couldn't claim paternity of a child that is not biologically his that he hasn't adopted. That comes from my Citizens Advice days though which are some years back, hopefully someone with more up to date knowledge will come along to confirm.

@GroundAlmonds Oh God no, I'm not looking to chase him for anything!

If you’re concerned, see a solicitor and make a will. I can’t see it being an issue as long as you’re alive to set everyone straight.

He would have to apply to be recognised as the dad anyway, assuming you didn’t put him on the BC already. I think that involves a DNA test. Would he even want to?

@GroundAlmonds He doesn't actually know she exists. Even if he did, he wouldn't be interested. I have a will already 🙂

He would have to apply to be recognised as the dad anyway, assuming you didn’t put him on the BC already

No he wouldn't. He has PR by virtue of being married to the OP at the time of birth. He does not need to be named on the birth certificate to have PR.

Was this actually a sperm donation (i.e. artificial insemination) case rather than via sex (sorry to ask but apparntly there are many men who seek to 'donate' via sex).

If so then your ex-husband is not the father as he didn't conset.. The relevant law is www.legislation.gov.uk/ukpga/2008/22/section/35

Apologies - my post above was wrong in the context of this thread. I had forgotten what this thread was about and thought the OP's ex was the father of the child but just wasn't named on the birth certificate. As he isn't the biological father the position is more complex. Take a look at www.alternativefamilylaw.co.uk/wp-content/uploads/2015/06/paternity_flow_chart.pdf.

Oh this is really interesting.

So if the Ops ex doesnt know about the sperm donation couldn't the OP claim it was a one night stand. There's no DNA link

Legally if you were married your exh is assumed to be the df. Dna testing can resolve this..
Even if your dh had signed the bc his name will be foot noted as being removed as the df.

In an artificial insemination case the situation is governed by the Human Fertilistion and Embryology Act that I posted the link to above. If the OPs H had consented he would have been the father even though a DNA test would have shown no link.

If there was actually a dispute about this she would have to demonstrate that lack of consent but this seems extremely unlikely in the circumstances.

Jeez. It's very confusing. Maybe it's best he just never finds out about her!

No, he isn't your DD's legal father. However, the sperm donor is her legal father if the arrangement was completely informal. I would be more concerned about the legal implications of that.

No, he isn't your DD's legal father. However, the sperm donor is her legal father if the arrangement was completely informal. I would be more concerned about the legal implications of that.

Yes this too. In fact he should be concerned too as technically you could claim maintenance.

IANAL but my understanding is that when a child is born to a married woman her husband (even if estranged, even if he isn’t named on the birth certificate) has parental responsibility for that child.
My knowledge all relates to consenting for medical treatment.

Therefore I think your EX-DH is legally her father.

The get out mentioned above would be for formal sperm donors where treatment took place under the human fertilisation and embryology act - doesn’t sound like that was the case but I might be wrong.

Your exDH could be obstructive if he finds out eg. Refusing permission for a passport etc - it might be worth getting formal legal advice.

I’ll watch this thread with interest as someone legally qualified ,ugh the come along.

IANAL but my understanding is that when a child is born to a married woman her husband (even if estranged, even if he isn’t named on the birth certificate) has parental responsibility for that child.

That is only true if the OP's ex-husband is the biological father of the child. He isn't.

If the OP had sex with the biological father of her child, he is the legal father. If she didn't have sex with him there is a common law presumption that her ex-husband is the father but that can be rebutted. The reference to an "informal sperm donor" suggests that there was no treatment at a licensed clinic, in which case the sperm donor is the legal father but, as he is not named on the birth certificate, he does not have PR.

The get out mentioned above would be for formal sperm donors where treatment took place under the human fertilisation and embryology act - doesn’t sound like that was the case but I might be wrong.

No that is not correct. Some provisions of the HFEA apply to treatment at a licensed clinic others do not. So in the case of informal donation via artificial insemination the position is as follows:

The husband is the legal father unless he did not consent to the insemination (www.legislation.gov.uk/ukpga/2008/22/section/35) This applies regardless of whether it took place informally or in a clinic. This is a good case on informal donation where the husband didn't consent www.familylawweek.co.uk/site.aspx?i=ed115225 although in the endit was found that the 'donor' and wife conceived through sex so weren't covered by the HFEA anyway (but the judge discussed what would have happened if they were.

The provisions that exempt a sperm donor from being the father only apply to licensed clinics. For an informal donor case the donor will be the legal father UNLESS the woman's spouse/civil partner is the parent under the above provision.

So here, on the brief facts posted, it sounds as if the sperm donor is the legal father and the ex-H is not.

@opinionatedfreak

IANAL but my understanding is that when a child is born to a married woman her husband (even if estranged, even if he isn’t named on the birth certificate) has parental responsibility for that child. My knowledge all relates to consenting for medical treatment.

Therefore I think your EX-DH is legally her father.

The get out mentioned above would be for formal sperm donors where treatment took place under the human fertilisation and embryology act - doesn’t sound like that was the case but I might be wrong.

Your exDH could be obstructive if he finds out eg. Refusing permission for a passport etc - it might be worth getting formal legal advice.

I’ll watch this thread with interest as someone legally qualified ,ugh the come along.

Surely at this point OP says, you're not the father, and does a DNA test?

Gosh this does sound complicated, I hope you get answers that help.

@Cheeseycheeseycheesecheese

Gosh this does sound complicated, I hope you get answers that help.

OP's question has been answered. The biological father is the legal father. He doesn't have PR because he's not on the birth certificate. The ex-husband has no rights in respect of the child.

It was in my dads divorce paperwork that the child his wife had was not a child of the family due to the law about it.