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Legal matters

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Do we need to re-register DD?

40 replies

ColdShouldersWarmTummy · 08/12/2021 22:10

Recently married my partner. After the ceremony the woman at the register office gave us a form and told us we should re-register our baby.. she said something about inheritance and that she might be disadvantaged as born to unmarried parents. Is that really still true? Neither of us has older children and we don't plan on having any more (we're very old!) so it's only her. No one is changing names. Is it necessary?

OP posts:
WaterBottle123 · 08/12/2021 22:19

You are supposed to do it, yes. But it has no meaning in reality assuming DH already has PR. Woman was incorrect re inheritance

meditrina · 08/12/2021 22:22

Yes it is still a legal requirement to re-register

It doesn't however make any difference to inheritance any more (except possibly some titles), and I think it's only still law because no-one has got round to tidying it up.

You can be fined for non-compliance.

It's stuck in my brain that the penalty is one guinea (£1.05), but I know that's not right.

@prh47bridge - what's the correct fine for this?

Grapesoda7 · 08/12/2021 22:22

I was advised to re proof of identity and to reflect my maiden name (, or something like that) and I got their birth certificates changed before I applied for their passports.

I don't know anybody who has or if it actually makes a difference though.

firstimemamma · 08/12/2021 22:23

You don't have to do it but you really should and it does have an impact on the dad's parental responsibility. We got married when ds was a toddler and re-registered his birth. Was a 20 minute appointment and it feels good to know that it's done and dusted now. I'd recommend it.

CentrifugalBumblePuppy · 08/12/2021 22:29

I had to re register my daughter’s birth when I married her dad.

She was 22 at the time.

Pisses me off because I wasn’t Mrs xxx when I had her, I was Ms xxx, and she was registered with both our surnames anyway.

Antiquated, bureaucratic guffery.

SilkLabrador · 08/12/2021 22:29

Yes. You should.

If DH remarries, has another child in wedlock and then dies without a will, everything will pass to the child born in wedlock.

CentrifugalBumblePuppy · 08/12/2021 22:29

(If you have an adult child lol).

titchy · 08/12/2021 22:30

@SilkLabrador

Yes. You should.

If DH remarries, has another child in wedlock and then dies without a will, everything will pass to the child born in wedlock.

Dear god that is utter rubbish. Illegitimate children have exactly the same rights to inherit as those born in wedlock.
JayAlfredPrufrock · 08/12/2021 22:31

I never have.

Dd is 22 now and we got married when she was 7.

Maybe I should add it to my list of things to do.

NothingIsWrong · 08/12/2021 22:53

We had two children before marriage and one after, so we reregistered the older two when we did the youngest.

IIRC, the inheritance thing is very minor. If a father dies intestate, and a child cannot be located, the court will hold indefinitely any monies due to a "legitimate" heir. Those who are "illegitimate" and cannot be located won't have their share held for them, and it would be redistributed to the other beneficiaries.

That's what our registrar said, no idea if it's correct. If you have a will it doesn't come into play, so make a will and it makes no difference.

prh47bridge · 08/12/2021 22:56

Assuming you are in England or Wales, the Legitimacy Act 1976 requires you to re-register the birth. If you fail to do so you can be fined £2 - a little more than the figure @meditrina mentions but not much.

To correct some of the posts on this thread, it makes absolutely no difference to inheritance as illegitimate children have exactly the same rights as legitimate children.

If your partner is not already on the birth certificate, re-registering would give him parental responsibility. He doesn't get PR through being married to you as you were not married at the time of birth.

Legoisthebest · 08/12/2021 23:04

Yes we re registered our daughter when we married a decade ago (she was 3). The Registar actually said "It's terribly old fashioned isn't it?" as she was sorting it out.

Nearlytheretrees · 08/12/2021 23:04

We were told it was a legal requirement to reregister, quick appointment no issue really

OnlyAFleshWound · 08/12/2021 23:05

@ColdShouldersWarmTummy

Recently married my partner. After the ceremony the woman at the register office gave us a form and told us we should re-register our baby.. she said something about inheritance and that she might be disadvantaged as born to unmarried parents. Is that really still true? Neither of us has older children and we don't plan on having any more (we're very old!) so it's only her. No one is changing names. Is it necessary?
We did because we wanted to change our children's surname (from mine alone, to double-barrelled).

It is a legal requirement, though I doubt anyone will chase you for it.

burnoutbabe · 08/12/2021 23:19

@SilkLabrador

Yes. You should.

If DH remarries, has another child in wedlock and then dies without a will, everything will pass to the child born in wedlock.

Pretty much rubbish.

Unless the husband makes a will that specifically says "everything to the children of my marriage /born to x after I married x)" then I suppose children born before marriage may miss out but that would be a deliberate choice.

And If no will, they would share with any other kids.

ColdShouldersWarmTummy · 09/12/2021 06:46

Thanks all that's helpful (and kind of interesting really). DH is already on the birth certificate. I find the whole idea of "legitimacy"/"illegitimacy" pretty offensive tbh, so I'm minded not to get it done for that reason and risk the £2 fine.

OP posts:
Mumdiva99 · 09/12/2021 06:56

I've never heard of this. We have 3 kids born before marriage. We are now married....the vicar never mentioned it....

Mumdiva99 · 09/12/2021 06:59

[quote Soontobe60]www.gov.uk/government/publications/application-to-re-register-a-childs-birth-and-add-the-natural-fathers-details[/quote]
That's about adding Dad's details. My kids have their dad on the BC we just weren't married. So not sure that's what people are referring too.

Handsnotwands · 09/12/2021 07:09

@JayAlfredPrufrock

I never have.

Dd is 22 now and we got married when she was 7.

Maybe I should add it to my list of things to do.

It’s been on my list of things to do for 9 years
NynaeveSedai · 09/12/2021 07:16

@firstimemamma

You don't have to do it but you really should and it does have an impact on the dad's parental responsibility. We got married when ds was a toddler and re-registered his birth. Was a 20 minute appointment and it feels good to know that it's done and dusted now. I'd recommend it.
How does it impact the father's parental responsibility? Men either have it or they don't. They don't get extra if they are married.
prh47bridge · 09/12/2021 07:17

@Mumdiva99

I've never heard of this. We have 3 kids born before marriage. We are now married....the vicar never mentioned it....
It isn't widely known and, as the penalty for non-compliance is only £2, there is no enforcement. However, it is a legal requirement. The form needed to re-register the birth after the parents have married can be found at assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/849229/GRO_LA1.pdf
JohnWaynesHorse · 09/12/2021 07:56

Where I live it makes a difference in Widowed Parental Allowance in the event of a father's death if any children haven't reached the age of 18. This may not be the case in the U.K. though

Legoisthebest · 09/12/2021 08:02

When I re registered my daughter I was also allowed to change my occupation that I put on the original certificate. When she was born I hadn't worked for over a year but I put the job title down anyway. I had hated my job (job not career) and I didn't feel it was actually a relevant piece of information to be on there. So I changed it.

Mumdiva99 · 09/12/2021 08:29

@prh47bridge thanks for that. I can see no benefit of doing this other than rewriting history and making the kids look 'legitimate'. None of us have changed our names so can't see the point. I will mention it to my husband to see how he feels.