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Father's name on birth certificate

15 replies

KateMiddletonsExtensions · 11/10/2023 08:09

This is in connection with a book I'm reading but I thought this would be the best section to get answers!

In this book a woman is unable to carry a pregnancy to term having had miscarriages and stillbirths. Her husband's sister acts as a surrogate though she is implanted with eggs from her sister in law and fertilised by her brother and gives birth to twins.

Whose names go on the birth certificate? The surrogate is also married.

OP posts:
Redwinestillfine · 11/10/2023 08:10

Which country are they in?

SwedishEdith · 11/10/2023 08:14

Surely who the father is is straightforward here.

SecondUsername4me · 11/10/2023 08:17

Hang on, so the egg and sperm are from a set of siblings?! Surely the name on the BC is the least of the problems?

PercytheParkKeepershedgehog · 11/10/2023 08:18

The surrogate mother and her husband in this first instance. And then the intended parents (who in this case are both the genetic parents) go on the new birth certificate once the adoption paperwork goes through.
It’s poor practice to put multiple embryos into a mother (surrogate or not) during IVF unless there are reasons to think the IVF is unlikely to work. Pregnancies with multiples are so much more dangerous than singleton pregnancies for both the babies and the mother.

PercytheParkKeepershedgehog · 11/10/2023 08:20

SecondUsername4me · 11/10/2023 08:17

Hang on, so the egg and sperm are from a set of siblings?! Surely the name on the BC is the least of the problems?

No. The egg and sperm are from the husband and wife. The baby’s genetic paternal aunt is the surrogate mother but her eggs were not used in this scenario.

KateMiddletonsExtensions · 11/10/2023 08:54

PercytheParkKeepershedgehog · 11/10/2023 08:20

No. The egg and sperm are from the husband and wife. The baby’s genetic paternal aunt is the surrogate mother but her eggs were not used in this scenario.

Yes that's right and it's in Barnsley. It's fiction but it may happen in real life.

OP posts:
BlueEyedPeanut · 11/10/2023 10:24

Legally, the birth mother is "mother" and her husband is "father". The bio parents will have to apply for parental orders or adoption to become the legal parents of the baby. The adoption certificate will then replace the birth certificate.

Spikeyhair · 11/10/2023 10:32

I believe the surrogate is the 'mother' and the biological Dad is the 'father' so if I've read this correctly the brother and sister? Off topic but I understand that when you carry a baby that is not from your egg, you still share genetic matter through pregnancy. Is this not dangerous to the babies health when the Dad is her brother?

SecondUsername4me · 11/10/2023 10:44

In England whichever woman physically births the baby is the Mother, regardless of egg origin. As the Mother in this case is married, then legally her husband can go onto the Birth Certificate as the father. He could even register the birth with him and his wife as parents without the Mother being there.

Spikeyhair · 11/10/2023 10:49

I've just checked this out and it is correct, but only seems to apply to surrogates? In any other case where a married woman adds her husband if she knows he is not the biological father it would be paternity fraud I believe? Very strange.

isthesolution · 11/10/2023 11:16

What is the book? Sounds intriguing.

The person who births the child is legally the mother.

Is the husbands sister married? If not you could indeed put the biological father on the birth certificate- which would of course be the mother's brother.

If she's married it would be her husband going on as the second parent (which is quite odd given that there is no biological connection)

IAmHeartless · 11/10/2023 11:19

Sounds like a book you are writing not reading! Surely the book would state this…..
In the U.K. if the surrogate is married her husband goes on the birth certificate. A parental order give new birth certificate for the actual parents. It’s a hang up from protecting people who had donor eggs/sperm/embryo and decades old law that didn’t take into account surrogacy. Law is changing now.

KateMiddletonsExtensions · 11/10/2023 12:59

IAmHeartless · 11/10/2023 11:19

Sounds like a book you are writing not reading! Surely the book would state this…..
In the U.K. if the surrogate is married her husband goes on the birth certificate. A parental order give new birth certificate for the actual parents. It’s a hang up from protecting people who had donor eggs/sperm/embryo and decades old law that didn’t take into account surrogacy. Law is changing now.

I'm not writing it. It was written in 2011. As it's a novel, not a text book or how to guide, I can't see why they would include explanation. But it raises questions for me as a reader.

OP posts:
SecondUsername4me · 11/10/2023 15:17

So what happens in the book with it?

KateMiddletonsExtensions · 11/10/2023 19:48

SecondUsername4me · 11/10/2023 15:17

So what happens in the book with it?

This is the epilogue so that's all I have.

OP posts:
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