Fathers Will be Required to Sign Babies’ Birth Certificates

A change in the law announced recently means that all fathers will now be required to sign their baby’s birth certificate. Currently, the responsibility to register a baby’s birth lies solely with the mother, and she has the freedom to leave the “father” section on the certificate blank.

The new law applies to unmarried couples, since the names of both parents are automatically entered on the baby’s birth certificate if they are married.

The proposed changes mean that if a mother tries to register a birth in her name alone, the registrar will ask her to name the father. If she wants him to be named and can provide details of where he lives or works, the registrar will be obliged to follow the matter up until he signs. However, the father will be allowed to register by post and isn’t obliged to turn up in person.
If the father disputes paternity, he can take a DNA test. A fine for non-cooperation will also be imposed if he doesn’t fulfil the new requirement to register.

If the father wants to be named but the mother doesn’t want him to be, he can contact the registrar and ask to sign, if necessary taking a paternity test. Fathers in this position at the moment have to go to court to secure the powers of “parental responsibility”, then they need to apply to re-register the birth.

However, there isn’t much the proposed new law can do if the mother doesn’t want to identify the father and he doesn’t want to be named. Therefore registrars will be allowed to use their judgment and permit sole registrations if getting both parents’ names proves impossible or unreasonable.

If you would like legal advice on parental responsibility, please call Alistair Dobson on 01858 445 480.