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Pregnancy

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Original poster

can you change your maiden name on your childs birth certificate

49 replies

torenova84 · 02/07/2017 22:21

i am currently pregnant with my first child and really annoyed that i will have a different surname to my DC.

been with OH for 7 years and have talked about marriage in the future but this hasn't happened yet.

a friend told me that if we were to get married i would be able to change my name on DC birth certificate is we are both biological parents. - Anyone know if this can be done ?

there is also the option of deed poll but not entirely sure how i feel about this either as whilst we've talked about it i dont want to make that assumption either.

OP posts:

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BeingATwatItsABingThing · 03/07/2017 06:16

We registered DD with DP's surname (because both he and I wanted to before anyone questions that) and when we get married next year, we're going to have to re-register her with my married name.

It's interesting about the inheritance though. I never knew that. So what about couples who don't have the same surname but are married and the DC's only have one of their names?

iwishiwasrichandthin · 03/07/2017 06:23

If the same name thing is a big deal to you, as it was to me, why didn't you get married BEFORE having a child?

And yes you're very silly wanting the wedding day itself over the marriage.

In practical terms I would give baby your name as posters above advise and change IF you get married.

meditrina · 03/07/2017 06:40

Umm..... she hasn't yet had a child, and does appear to be considering a registry office quickie.

And I think it's a bit intrusive to bring the circumstances of the conception into it.

It's stil, the law in England (don't know about other home nations) that if you marry the father, you must reregister the birth (even though it makes no difference these days to the inheritance of anything other than some titles). But as the penalty for not doing is a fine that has not been changed for ages (it's something splendid like 1 guinea) I don't think anyone is really paying attention (expect it's just one of those things that no-one has got round to repealing)

nooka · 03/07/2017 07:06

There are regular threads here by women who have children with partners who promise future weddings that never materialise, and who have zero leverage to persuade suddenly reluctant partners to get married.

Given the significant financial benefits of marriage and that your partner has agreed I'd recommend (as have others) getting married before the baby arrives and having your big party later. Another plus is that wedding parties are massively more expensive than 'ordinary' parties so you could probably have a big party much earlier, say on the first anniversary of your registry office do, or your child's first birthday.

BertrandRussell · 03/07/2017 07:18

"Yes you can. The registrar explained when we first registered ds that if we were to marry it would be best to register again as any children we had after marriage would be entitled to more estate than him."

Are we sure about this? And even so, it would only be if there is no will. And nobody is, surely, dumb enough not to have a will? Particularly if you are unmarried?

It is perfectly possible to protect your rights and those of your children if you are unmarried. But it is not automatic. So either get married or take steps to protect yourself ant your children in case of a breakup. The name on the birth certificate is the least of your concerns.

C8H10N4O2 · 03/07/2017 09:08

Yes you can. I married DH between having DC1 and DC2 (he's Dad to both kids) and the registrar advised reregistering DC1's birth to have my married name, as it could affect DC1s inheritance if we didn't.

Really? Aside from the fact that anyone with children should have a Will in place and review it regularly its simply not the case that legitimacy reduces entitlement of siblings under English law (assuming this is England).

In my personal experience registrars are not always expert in this area - I was told a right load of tosh by one of mine regarding names and inheritance etc.

OP: you really, really need to get advice on how to protect yourself and your DC as an unmarried partner. Common law marriage does not exist currently under English law.

Original poster

torenova84 · 03/07/2017 10:50

it was a discussion that was had marriage before kids but with our ages and time ticking on felt it was best to concentrate on babies.

that said i knew i hated the idea of having a different surname to DC but don't think i realised how much it would bother me until due date is approaching. It may however just be the pregnancy hormones kicking in !

We have things in place in regards to house and wills already, thankfully. I don't want married just for the "wedding day" or want it to be just a legal transaction, but two families coming together is a celebration and should be treated as such

It is purely the name thing that's bothering me at the minute.

OP posts:

MeanAger · 03/07/2017 14:04

i knew i hated the idea of having a different surname to DC but don't think i realised how much it would bother me until due date is approaching.

So give the baby your name!!

bluejelly · 03/07/2017 14:12

I gave my baby two surnames - mine and her dad's. They are not double-barrelled and on a daily basis she tends to use mine, but on her official documents e.g. passport she uses both.

Perfect solution - particularly as I split up with her dad, we were never married, and she goes in holiday with both of us separately.

Redsippycup · 03/07/2017 14:14

As far as I am aware, (from info given to me when we registered our DD wirh her Dad's name, as an unmarried couple), it isn't a question of CAN you change the BC when you marry - you HAVE to reregister the birth.

BertrandRussell · 03/07/2017 15:09

"it isn't a question of CAN you change the BC when you marry - you HAVE to reregister the birth"

Really? I have honestly never heard of anyone doing this- are you sure?

Redsippycup · 03/07/2017 15:20

That's what the registrar told me 6 months ago when we registered dd.

MikeUniformMike · 03/07/2017 15:28

OP, I would get your DP down the register office PDQ and tie the knot before DC1 turns up. You do not have the same legal status as a partner. Lots of people think that they are a common law wife, but the term means naff all legally.
Have the big do when you can afford it.

www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

Original poster

torenova84 · 03/07/2017 16:08

thanks mike i'll have a look over it :)

OP posts:

Yolannnda · 03/07/2017 16:19

We were engaged when we had DC, so I gave them his last name as I thought we would get married and would all have the same last name. We have now split and it REALLY bothers me that we are now stuck with different names.

They are with me 90% of the time, I do the doctors and school visits etc. I really wish I'd have given them my name and really regret it but I really thought it was going to be forever.

If you give DC your name, if you do marry in the future you can change everyones to the same, but its hard to do it the other way around.

Redsippycup · 03/07/2017 16:19

Right - this is what my local council wensite says, which is slightly more detailed than the central government website:

If the natural parents marry after the birth of their child they are required under the Legitimacy Act 1976 to apply for the re-registration of their child's birth. Form (LA1).

Original poster

torenova84 · 03/07/2017 16:34

feck sorry should mention it would come under scottish law. i've tried mr google but not had much luck. bank holiday today so may just phone registry office tomorrow and see what they say x

OP posts:

C8H10N4O2 · 03/07/2017 18:01

Interestingly on the subject of post marriage re-registering there are quite a number of family law firms with advice like this:

www.brownssolicitors.com/do-i-need-to-re-register-my-child-if-i-marry-their-other-parent-2

Suggesting its old admin law and won't affect the child's rights in any way. Which is more in line with everyday practice I suspect.

BeingATwatItsABingThing · 03/07/2017 19:43

When registering DD (3 and a half years ago), we were told we would have to re-register her when DP and I got married. Seemed ridiculous to me as that registering was a snapshot of our lives at that time. I was Miss BeingATwat, not Mrs DP's Name. Hohum! I'll do what I need to do.

Redsippycup · 03/07/2017 19:57

Here you go OP

Reregister Scottish birth

Original poster

torenova84 · 03/07/2017 23:01

thanks redsippycup ill have a look at that also. not sure what i'm going to do. Tried to speak to oh about it last night and think I've hurt his feelings. think he thought i was annoyed at him and dc having his name rather than me being annoyed that i wont share it. maybe ill just leave it... plenty of people have different surname from dc, either through re-marriage and the likes

OP posts:

ElBandito · 09/01/2018 13:14

The gov web site suggests you are supposed to reregister after marriage
www.gov.uk/government/publications/application-to-re-register-a-childs-birth-following-marriage-of-natural-parents

ElBandito · 09/01/2018 13:16

Bother, posted on the wrong thread. zombie thread, look away, look away!

EastDulwichWife · 09/01/2018 13:31

Agree with @dancingledge. Just head to the register office now and be done with it. Then you can choose to have a big expensive party post baby, if that's still important to you then.

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