Removing Name from Birth Certificate
- What are divorce rights when you separate?
- What are my property rights following a separation?
- What are my financial rights following a separation?
- Consider a post nuptial agreement to protect property from divorce
- What are the rights of children following a separation?
- What are a mothers rights in divorce?
- What are a fathers rights in divorce?
- What are step parent rights in divorce?
- Do step parents have to pay child support?
- What are divorce pension rights?
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Removing a name from birth certificate could be needed in many situations. Following a bitter divorce or separation couples often end up disputing and this could lead on an impact children’s lives. Many mothers who have custody of their children may want nothing to with the father of their children and may be considering to remove father from the birth certificate.
Can a father’s name be removed from a birth certificate?
As the birth certificate is a historical document, changes to this can only be made in rare circumstances. So can a father’s name be removed from a birth certificate? Under the UK law it is possible to remove father from birth certificate. However, what must be noted when considering removing name from birth certificate is that you can only remove father from birth certificate if the father is not the biological and natural father. It is not possible to remove father from birth certificate who is the natural father of a child. Therefore, no matter how strained your relationship is with your former partner you are not able to remove father from birth certificate.
How to remove non biological father from birth certificate
Removing name from birth certificate is possible if you incorrectly entered the wrong fathers name on the birth certificate. Our family lawyers can advise on how to remove father from birth certificate who is not the biological father.
The government states you can apply for a birth registration correction when the information initially provided is wrong – for example if a mistake was made when recording a parent’s occupation. This covers the situation where the fathers name is entered incorrectly.
You can apply to change who the recorded father is if you can prove that the man named on the certificate is not the natural father of the child. Examples of proof include:
- a DNA test record from an approved tester
- a court order confirming the person named is not the father
- evidence that confirms the name of the true biological father
- other evidence that confirms the recorded father could not have been the child’s natural father
Therefore, by having evidence of the father named on the birth certificate is not the biological father it is possible to remove father from birth certificate.
How to remove a father from a birth certificate?
In order to remove father from birth certificate an application an application needs to be made to the General Register Office. The following people apply to have the birth certificate changed:
- the mother
- the natural father
- the man named on the certificate as the father.
At least one of the above people must sign he application form. Contact details will need to be provided for the mother, the man named on the birth certificate and the true biological father if he took part in a DNA test.
In order to remove father from birth certificate the mother will need to prove the man named on the certificate is not the natural father of the child. Typical evidence that can be provided is described above.
Is there any benefit to removing name from birth certificate?
One of the main benefits to removing name from birth certificate is that the child will have nothing to do with the parent who is removed. In most instances it is a mother who would like to remove the fathers name. This is usually the case where the father named may not be a biological father or if the father has been abusive or criminally misbehaved and the mother would like the child to have no connection with the father.
Another benefit of removing name from birth certificate is that if the father who is to be removed is not the biological father, he will lose his parental responsibility. This means that father will not be able assert parental rights over the child or establish contact with the child unless the mother authorises, or the court grants parental responsibility to the father.
Is there any disbenefit to removing name from birth certificate?
One major disadvantage when considering to remove father from birth certificate is that the child may lose their right to any child support or child maintenance payments. As the father will not have any parental rights over the child it would be difficult to establish whether the father should be responsible for making maintenance for the child and bringing up the child.
Another disadvantage is that if the father is not named on the birth certificate the child will lose any prospect of inheritance which they may have otherwise benefitted from. A child will also lose death benefits such as social security in the event of the father’s death.
What to consider when removing name from birth certificate
One of the main considerations when you are looking to remove father from birth certificate is that the person who is removed will lose their parental rights. This means if you remove father from birth certificate, they will no longer have parental responsibility. The father will not be responsible for providing a home for the child or to protect and maintain a child. This is an important factor to consider especially if something happens to the mother.
If the father is not named on the birth certificate and the mother is later unable to care for the child, the courts and local authority may place the child into the care of social services or place the child under a placement order or a care order. In contrast if the father was named on the birth certificate, he would retain parental responsibility over the child and will be able to make decisions for the child in the even the mother is not able to.
Another consideration of removing the father is that the mother may find it difficult to obtain child maintenance for the child from the father. If the mother is later unable to financially support herself and the child then she potentially may lose out, whereas if the father remains on the birth certificate, he may be responsible for the maintenance of the child.
Removing a name from a birth certificate can also have an emotional effect on the child. A child could be emotionally hurt when they realise there is no father named on their birth certificate. They may get a feeling that they have been abandoned. This could lead to complications if the father and the child ever needed to establish contact. The child may struggle to build an emotional relationship with the father. Removing a name from a birth certificate is an important decision and one which could have many implications. It should therefore be thought out carefully. If you require legal advice on removing name from birth certificate, then you can contact us today and one of our child law specialists will be happy to help.
How much does it cost to remove a name from the birth certificate?
It costs £75.00 or £90.00 to apply to correct a birth certificate or removing name from birth certificate. You will need to contact the register office where the child’s birth was registered to find out how to send an application to correct the mistake and the cost.
How quick can I remove a name from the birth certificate?
There is no set time for how long applications will take for removing name from birth certificate. If all the documents are prepared correctly with the correct evidence, then it can take up to 25 days for you to get a reply.
Is the father’s permission needed to remove a name from birth certificate?
It is not always necessary for the person named as the father to take part when you remove father from birth certificate. If both the mother and the natural father apply to have the entry corrected, then the father’s permission is not needed. The process of removing name form birth certificate ca be quicker if the person named on the birth certificate consents and provides a letter confirming the same. However, in some instances this may not be possible if the person named on the birth certificate is not contactable or the mother does not wish to contact them.
Do I need to apply to Court to remove a name from birth certificate?
If you are aware of the biological father and can provide this by an approved DNA test, then you do not need to apply to the court when removing name from birth certificate. If however you are not in contact with the person named on the birth certificate as the father or do not have details of the biological father then an application would need to be made to obtain an order stating the person named on the birth certificate is not the biological father. Without such information it would not be possible to remove a name from birth certificate.
Contact us today to find out how we can assist in removing name from birth certificate
If you would like more information on changing a father’s name on birth certificate or removing name from birth certificate then contact us on 0330 094 5880 to discuss your options or let us call you back. With family lawyers in Oxford as well as across the UK we are proud to offer local appointments at our branch closest to you.