Divorce not yet finalised, can I put my current partner's name on the birth certificate

[twinkletoess]

Hi! I wonder if there is anyone on the same situation as mine before who can help me. I am currently 7 months pregnant with my boyfriend and I am still waiting for the conditional order for the divorce petition to be granted to dissolve my marriage with my husband and I not sure if my final order will be granted early enough before I give birth. Can I still put my boyfriend's, who is the biological father, name on the birth certificate if I am still married to someone else? Thank you to everyone who would help 🤗

Of course you can.

The name on the BC should be that of the biological father. The fact that one of you is married to somebody else is neither here nor there.

He will need to be present when you register the birth.

Hi there. Yes, you should put your boyfriend’s name on the birth certificate, as he is the father. It doesn’t matter that you’re not yet divorced 👍

It shouldn't be anyone other than the biological father.

Yes, as PP said he will have to be present.

….or the biological mother’s surname. Just saying.

Are you suggesting to register the mother as father to her child? That's.... twisted.

I would check this one out with the Registrar in advance.

Morally and emotionally I can understand why you would want the actual father’s name on the birth certificate but legally when you are married the husband is presumed to be the father and the husband’s name is added automatically when the birth is registered. You may need to have some evidence of paternity to displace this or possibly need fo Lg to amend the certificate after the divorce comes through. I’m not actually sure of the position but I think it’s more complicated than PP have assumed.

@Katrinawaves you are talking out of your bottom

Huh?

I think the suggestion is the child gets the mother's surname, not that the biological father isn't named on the birth certificate. Dc having the mother's surname should be the default IMO as in some other countries.

This is from CAB and seems pretty cut and dried that you can register someone other than your husband as the father of your baby.

Sorry, meant to post a link to the page too: https://www.citizensadvice.org.uk/scotland/family/birth-certificates-and-changing-your-name-s/birth-certificates-s/

The key thing is that an unmarried father has to turn up at the registry office on the day and agree to his name going on the certif. In that case you're fine, even if you're technically married to another man.

This is for Scotland. OP hasn't said which country she's in.

Hi! I live in England. I have been separated from my husband since 2018 and he's already got another partner and a child.

Not sure I am @cultureplanet

Have a look at this U.K. legal website from 2022 which supports my recollection of the legal status of the husband

https://www.majorfamilylaw.co.uk/the-legal-status-of-fatherhood/

But checking it out with the registrar themselves rather than uninformed opinions on a non legal forum would sound like a no-brainer in any case.

Not entirely, it is correct that if the woman is married at tine of birth then the husband is presumed to be the father and has PR until declared otherwise

OP - I would call the registry office and check if there's anything additional you need to take with you, or sign.

My guess would be that if anyone has to sign a document it will be the husband as it’s his legal rights which are being displaced (in addition to the usual rules that the unmarried father would have to be present or sign a declaration of parentage also). But agree she needs to check it out.

Interesting that I bet the Husband didn't have any issues putting him name on the birth cert fo his new kid despite having a wife who wasn't the Mom, but op potentially needs to jump through hoops to put a non married man on her baby's birth cert.

Op I think you also need to mention it to your delivery team because of the legal assumption the husband is the Dad that in a worse case scenario, the Dad is actually your boyfriend and you want him to make any decisions. Is he updated as your next of kin on your hospital records?

Hello! Thank you for your comment! Yup, my boyfriend is my NOK as well. I will go the my local registrar this week to find out what I need to do. Will give you all an update ☺️

Have you looked into the possibility of expediting the final order @twinkletoess to try to ensure the divorce is finalised before the birth. That is one of the grounds you could use to apply according to this website.

https://anthonygold.co.uk/latest/blog/final-order-of-divorce-decree-absolute#:~:text=In%20this%20scenario%2C%20it%20may,that%20the%20circumstances%20are%20exceptional.

That could remove a huge amount of anxiety from the situation.

I haven't thought about this but thank you for the suggestion. Regarding the comment that it is the husband who has the right to sign a document. I just really find it weird that when he had a child with his girlfriend right now, I didn't have any participation in the registration of birth. That's just too unfair for women in my situation 🙈

Well of course you can being married has absolutely nothing to do with the child's parentage.