Birth certificate legalities

[Appleshiner]

When I had my ds, I was 19 and married in an abusive relationship. My son was put on a child protection plan before he was born because of domestic violence.
I was advised at the time by the social worker to not name my husband as his father on the birth certificate, so I didn't.

I've recently found out via a situation at work that not naming someone you're married to is illegal, and I'd like to rectify it. My ds is now 10 and has a good relationship with my now ex husband and we have him pretty much 50/50 with children's services closing the case 8 years ago and being happy with ex husbands involvement.

I would like to re register his birth and add his father onto the birth certificate, ex husband would also like this, but I'm worried about legal repercussions. Is this something I'm likely to get into trouble for? I also now work in a job where if I was in legal trouble, I'd probably lose my job.

I cannot see how not naming someone on BC is illegal just because you are married, but you can apply to re register the birth, I presume both parents have to be present. Contact your local Registry Office I’m sure they will help you.

Weird advice all round. Since you were married he has PR already so leaving him off the BC was pointless: it's also not illegal to leave your husband off the BC! Just apply to add him, if you're sure the ex won't use it to cause you trouble. To be fair he could cause you trouble anyway since he already has PR.

Do think very very carefully about this, please. It's not illegal not to name him and does give you a little protection....

The guy has PR already though, conferred by their marriage at the time

Wow thanks for the quick replies.
So it's not illegal to have left him off the birth certificate?
I found this on citizen's advice website and was worrying about where it says false information is an offence.

That guidance applies to people adding the wrong father deliberately, not to those who don't name a father.

For those saying to think before adding him, we now have a very amicable coparenting relationship despite having an awful marriage.

We are both happily remarried with more children and there have never been any concerns about him with his current wife or children. It sounds like a cliche but he was young and had just lost his dad in a freak accident, his mum was an alcoholic and during our short marriage he was not the man he is now. He's had years of therapy and is genuinely sorry for his behaviour, and he shows that in lots of ways.

Extremely strange any Registrar giving you that advice unless you said your husband wasn't the father!!! That would be highly unethical....But if that's the case you did in fact give false information, when you were married, which is an offence. I was a Registrar and we were NEVER supposed to influence anyone's decision when registering a birth. But if you give a full honest account of why you did so they're very unlikely to take action. I'd draught a letter to the Registrar General's office asking for advice on how to proceed, admitting you made a huge error of judgement guided by youth and being in a stressful situation at the time. I'm pretty sure you'll be OK. Don't make excuses, just state the facts and ask for help resolving the situation.

It wasn't the registrars advice but came from the social worker. I stand by my stance that children deserve to have their biological parents named on their birth certificates which should have been the case given they were married at the time.