Who is next of kin of newborn baby if unmarried mum is incapacitated?

[WhatTheFuckDoIDo123]

I'm pregnant, father is my fiance. I've listed him as my chosen next of kin on hospital forms, however I know he wouldn't have parental responsibility for baby without attending registration with me.

Due to some pregnancy complications, I'll need a C section and am at higher risk of complications such as a haemorrhage. If I haemorrhage and get put under general so I can't make decisions and they want to do tests etc to baby, who is the next of kin? Will my fiance be able to consent in my absence even though birth isn't registered yet? Or would it go to someone else?

The doctors would make decisions about the baby's care which were in their best interests, I think?

Mdt best interest meetings meetings, usually a doctor will continue with whatever is in your best interests. They can do a consent for on behalf of you. It’s not always left to family.

You can tell them beforehand that you consent to them sharing medical information about the baby to the baby’s father

Surely your next of kin would also be babies next of kin. That's what I presumed when I had my section

They can do crucial tests to save and safeguard baby’s life without your consent anyways unless you’re Jehovah witnesses and don’t agree with blood transfusions etc then an emergency court order will be applied for by the hospital

As PPs have said, the doctors will continue to act in the baby's best interests and can do anything medically appropriate, not just emergency care, without your consent, if you are unable to give it. So your baby will receive all normal postnatal care - please don't worry.

Next of kin has no legal meaning in 99% of situations. In medical scenarios, it really just means "preferred close contact" and doesn't give any legal rights to the NoK.

Doctors will treat the baby with or without you.

If you were incapacitated longer term, dad can apply for parental responsibility.

How soon are you due? Would it be possible to get a married legally before then? Have a celebration at a later date but get the legal stuff done now. Then he automatically has PR when the baby is born.

Okay well ring your finance on his mobile or text him and let him know

Second thread op? Honestly giving birth isn't usually the horror you seem to be considering..
Try and enjoy your pregnancy and do a birth plan so you feel more in control. Be open minded to changes though. Not all women get a textbook delivery either.. But... try and enjoy it!!.

I have to say, on the rare occasion this has happened, I haven't actually asked if the parents are married if the dad is there as the birthing partner. But, ultimately, if the shit is hitting the fan and the baby needs urgent care, with no one available to give consent, the paediatrician/neonatologist will crack on, and get the lawyers involved if needed later. If the treatment is in any way contentious, the usual back up is to see if a senior colleague also agrees that this is appropriate treatment. No one would let your baby come to harm just because you weren't awake to consent.

For the period of time that I was unable to deal with things after my c section, my partner went with baby and was dealt with exactly as if he was my husband. In fact I think the staff just assumed we were married as they kept referring to him as my husband.

I think it would only be an issue if you were incapacitated for a longer period and if there was then some kind of dispute between your partner and your family over any treatment or care for the baby.

Glad to hear baby would get all the care it needs, would he be allowed to be in with the baby looking after them? Sometimes my parents can be difficult and I don't want them turning up and demanding he be kicked out in favour of them.

I'd happily get married before baby is born, I'd happily elope the two of us! But my partners family are less problematic and he understandably doesn't want to hurt them by not having them there. If it comes with some legal risk he'd have to have a word with them and hope they understand.

I'm not sure what you mean be second thread @Seasideanticscanleadtosandybuckets ? I appreciate for most it isn't the horror. Unfortunately I have complications I'd rather not go into that put me at massively higher risk than most. My consultants advice is that I'll likely have to stay in hospital for a few weeks before I deliver and I'll be having a C section due to these issues. The consultant has been clear that I am at much higher risk and that's why I need to be in hospital in surgery so they can respond quickly. My birth plan is to get baby out with both of us as healthy as possible. Fingers crossed C section goes well, but as it's much more likely for me I need to prepare for worse cases.

Your parents have no legal rights at all.

If you are worried, though, why not have a registry office wedding now and an official wedding after the birth?

This is true , it will be your parents .

Her parents do have legal rights . There was a high profile case recently where the Mother of a child died and her parents had to take custody of the baby as they weren't married until the Father could sort out legal custody of the child .

No. Next of Kin has no legal significance outside of some very obscure situations that don't apply here.

The parents have no rights or say over anything to do with the OP (unless they have POA) or her baby.

A partner has no legal right until he is on a birth certificate . A husband is always the presumed Father .

Please post a link.

In the event of the person(s) with parental responsibility being incapacitated, social services are responsible for finding a suitable placement for the baby. The wishes of the person(s) with parental responsibility will be taken into account but are not binding. Social services can over-ride them. I'm not familiar with the case you mention, but it's likely that it was social services who gave the grandparents temporary guardianship of the child, because they deemed them the best carers.

I'm not going trawling through the net to find a link for the case 😆 . Do it yourself 🤣.

why are people saying it is reassuring that the doctors will continue to treat the baby. The point is that the parent is supposed to be involved in the child’s care. Sometimes there are pros and cons to different approaches. informed consent involves discussing the pros and cons of those treatment options with the patient or guardian.

op needs to know if fiancé will be able to step in and be that person, not if the doctors will just take over which is entirely different and far from ideal.

Good summary of the actual facts here

Grandparents have no legal right to care for a child. They would have to apply for guardianship - which any close relative or the fiancé could also do.

Taking custody is very different to interfering with hospital treatment. And in order for grandparents to be given custody of a child, social services would need to be involved, deem them suitable etc etc.

OP, if you name your DP as next of kin on your notes and if you expressly state that you don't want your parents to be allowed to be involved in anything to do with baby's care then it will be fine. My partner was not treated any differently to the husbands that were present. He was recognised by the hospital staff as the father and was treated as such.

If you really think your parents will try to interfere in either your baby's care or in the physical custody of your baby, then explain to your fiancés parents. Have a simple legal ceremony and plan a wedding celebration for later.

Actually doctors are always obliged to act in the best interests of a child. Parental consent is sought because it makes everyone's life easier but, if a parent refuses, and harm may come to a child as a result, the doctors will over-ride the parent's wishes in an emergency situation, or apply to a court to do so, if there is more time. A parent is a child's advocate, but does not have the authority to over-ride the medical best interests of a child.

Of course, there are thresholds for harm. If the risk to the child is minor or remote, parental wishes will be followed. But, for something more serious, parents consent is a nice to have, not a must have.