Can a Father put himself on the Birth Certificate?

Many fathers are in the unfortunate circumstances where their name does not appear on the child’s birth certificate. The consequences of this is that a father does not have any legal rights over their child unless the mother allows this. If a father has their name on the birth certificate, then they would have the same parental responsibility rights as the mother and would be able to make key decisions about the child.

Without the fathers name on the birth certificate a mother could allow a child to live with the father but she will have the right to demand the child to be returned back to her at any time.  Therefore many fathers ask can a father put himself on the birth certificate?

How can a father put himself on the birth certificate?

It is often up to the mother of the child on whether or not the child’s birth certificate contains the father’s information. A mother may declare no father on the birth certificate if the couple are not legally married. While parental rights for an unmarried couple aren’t quite as simple as they are for a married couple, it is important to note both the mother and father have options.

An unmarried father can only register the birth of the child on his own if the mother has made a statutory declaration acknowledging him as the father of the child or if the father brings a parental responsibility agreement or a court order to register the birth at the register office.

Mother not putting father on birth certificate

In the situation where a mother is not putting father on birth certificate, a father can make an application for a declaration of parentage. A declaration of parentage is where the court decides who the father of the child is. If such declaration has been made by the court, then court will notify the general register office who will re-register the birth of the child.

Implications of father not being on birth certificate

In the case of a mother not putting father on birth certificate, the father does not have any rights over their child. Therefore, a father will need to either apply for parental responsibility or request to re-register before they obtain legal rights over their child.

A father with parental responsibility over a child will need to agree on things before they go ahead. The mother can make the day to decisions for a child if the primary carer, but for important decisions and changes everyone that has parental responsibility will need to be consulted.

If you are father and are worried about your rights over your child or would like to discuss can a father put himself on the birth certificate then contact us today on 0330 094 5880 or let us call you back to arrange an initial consultation with one of our family lawyers in Oxford who will be able to assist in dealing with your enquiry.