Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

Flip

1 2

Original poster

Father not in birth certificate - any rights to access?

31 replies

Misslewis · 14/03/2022 02:44

General advice please...

The father of my son is not on birth certificate - will he have any rights to access at any point in the future?

Sadly he has shown no interest in being involved (after 20 years and leaving me at 5 months pregnant!) but I am worried he may resurface at some point....

OP posts:

clarkkentsglasses · 14/03/2022 03:02

No parental rights whatsoever if he is not on the birth certificate.

romdowa · 14/03/2022 03:09

He can go to court to have his name put on the birth cert though

CloseYourEyesAndSee · 14/03/2022 03:54

@clarkkentsglasses

No parental rights whatsoever if he is not on the birth certificate.

Assuming in the U.K. this is not true. He can apply t court for contact and the OP would have to evidence that he isn't the father by a DNA test in order for this to be denied. Birth certificate doesn't make any difference.

Blossom64265 · 14/03/2022 03:58

He can get himself added to the birth certificate with minimal effort. DNA was a game changer in that regard. The key is whether or not he will bother.

Finfintytint · 14/03/2022 04:48

If your child is 20 years old, what access rights are you worried about?

SpikeySmooth · 14/03/2022 05:00

Surely your son is the one to decide if he wants contact now he's over 18?

koalalala · 14/03/2022 05:16

I think OP is saying they were together 20 years when he left her 5 months pregnant, not that the child is 20.
I presume the child is a baby.

Not being on the birth certificate means he has no parental responsibility. This is things like giving medical consent, choosing schools, etc etc.

He can go to court to request access (or to request being put on the birth certificate) but if he's not bothering then it's good evidence on your side. Try not to focus on maybes and focus on your child. Deal with any situation as it arises. You'll generally win any court struggle if you act entirely unselfishly and in your child's best interests so focus on that.

Sorry you're having a stressful time.

Fuuuuuckit · 14/03/2022 06:04

Your (adult?) child has a right to a relationship with their father. The father has responsibilities towards the child (financially, at the very least, although if they're 20 now I suspect that ship has sailed).

Do you want your child to not know/have contact with their father? Why not?

It is a VERY simple process to be added to a BC with dna proof, you will be in for a lengthy and expensive battle to contest this.

KleineDracheKokosnuss · 14/03/2022 06:13

If you want to be sure he won’t resurface, you have to move away with no forwarding address. Burn all your social media and never open it again in your own name. Cut off contact with anyone through whom he could get your new contact details.

If he can track you down, he can apply to court to go on the BC.

Would he be a bad father once he gets his head out of his ass?

jelly79 · 14/03/2022 06:20

I had a similar situation and sought advice whilst pregnant. Not being on the BC will not make a difference and is frowned up by the courts. He can request a DNA test and be put on the BC.
He will also be able to get access unless there is a very good reason not to.

I can imagine you are angry and heartbroken. Quite rightly so. However if he does resurface then try to be in control of the situation yourself rather than battling in courts as he will get more than you think x

RedWingBoots · 14/03/2022 06:30

Oh and one important thing to add please make your child aware that his dad buggered off from the beginning as unfortunately it isn't rare for men to do that. Obviously make it age appropriate.

So if his father ever resurfaces, one of your son's paternal relations e.g. a half-sibling ever turns up, or your son simply does a DNA test he isn't shocked and upset with you.

WouldIwasShookspeared · 14/03/2022 06:31

Yes. He simply needs to go to court to be awarded those rights.

ChoiceMummy · 14/03/2022 06:52

@Misslewis

General advice please...

The father of my son is not on birth certificate - will he have any rights to access at any point in the future?

Sadly he has shown no interest in being involved (after 20 years and leaving me at 5 months pregnant!) but I am worried he may resurface at some point....

Not being on the BC doesn't mean that he can not request and have contact, in the same way it does not mean he doesn't have to pay child maintenance, he's still liable.

Not being on bc means if has contact and doesn't return the child, police will act, you have to to get an emergency order if on bc and refuses to return.

The consensus is its irrelevant of the timescale they've been absent, unless safeguarding issues, he could pop up and be able to have contact with his child, as that's deemed in the child's best interests on the whole.

Given that, I hope you're claiming maintenance via cms as not claiming won't reduce the chances of this, but will impact on your child.

MrsVoorhees · 14/03/2022 06:52

@clarkkentsglasses

No parental rights whatsoever if he is not on the birth certificate.

Don't be ridiculous. You can't possibly think that all unmarried women have to to is register the birth alone and that's it. The father is shut out for eighteen years.

OverByYer · 14/03/2022 06:55

If your son is 20, the birth certificate is irrelevant

dementedpixie · 14/03/2022 06:56

Her son is not 20

3peassuit · 14/03/2022 09:57

He can apply through the courts for contact and be entered on the birth certificate.

AHungryCaterpillar · 14/03/2022 18:15

He can easily be added if he wishes,
My sisters ex was. Very easy to do.

cherryonthecakes · 15/03/2022 11:58

He can be added very easily but it costs money which might work in your favour.

cherryonthecakes · 15/03/2022 12:02

People need to read carefully.

The ex left after a 20 year relationship. She was 5 months pregnant when he left. This is the child that she's wondering about.

AHungryCaterpillar · 15/03/2022 12:36

Doesn’t cost a lot, about £200...

cherryonthecakes · 15/03/2022 14:03

I've read plenty of threads on this and some dads don't have £200 to do this

AHungryCaterpillar · 15/03/2022 14:10

Op hasn’t asked that though she’s simply asking if he has rights to access in the future and the answer to that is yes.

CrabLegs · 15/03/2022 14:24

@cherryonthecakes

I've read plenty of threads on this and some dads don't have £200 to do this

Equally absolutely loads of people do have £200.

Farahilda · 15/03/2022 14:36

The person who has rights in all this is the child, who has the right to a relationship with both parents,

Not being on the BC means that the father does not immediately have formal Parental Responsibility (PR). That does not however remove the child's right to a relationship with their father, so the short answer is yes, there is a right to access. And the OP has the responsibility to make sure the DC is available for that relationship

Flip

1 2