DadTalk

Changes to birth registration for unmarried parents

From January 2011, unmarried parents will both need to provide information for their child's birth registration, in order for the father's name to be included on the birth certificate

The law is changing so that, from January 2011, unmarried parents will both need to provide information for their child’s birth registration, in order for the father’s name to be included on the birth certificate.

As now, we expect the majority of unmarried parents to act together, in a consensual manner, to register their child’s birth. Where this is not possible, parents will be able to provide information to the registrar independently of each other in order for the birth to be jointly registered.

There will be certain exemptions which mean that the mother will be able to register the birth in her name only (although the father will be able to come forward independently and ask for his name to be included on the register, if he is able - and wishes - to do so).

The father’s name will only be included on the birth register if both he and the child’s mother acknowledge that he is the father.

 In the event of a paternity dispute, the individuals concerned will have the option of taking a voluntary paternity test to resolve the dispute. In order for the results of the test to count as evidence of paternity for birth registration, they will need to have consented to the test beforehand on a special form, and agreed that if the test is positive the man will be named as father on the birth register.

At present, where a baby is born to married parents, both parents’ names appear on the child’s birth
certificate and both parents have parental responsibility.

This is not the case for babies born to unmarried parents. An unmarried father will only be named on the birth register if the mother consents, or as the result of a court order or parental responsibility agreement. The new birth registration legislation recognises the importance of both parents acknowledging and taking responsibility for their child.

At present, almost 46,000 births in England and Wales are registered in the mother’s name only, without the father’s details on the birth certificate. This equates to approximately 7 per cent of the total number of birth registrations per year in England and Wales.

All of these births are to unmarried parents since married fathers are automatically named on their child’s birth certificate.