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General Chatter >> The Lounge >> Any (UK)Legal beagles? I have a question!
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Message started by bigglesk on Mar 17^th, 2009, 11:25am

Title: Any (UK)Legal beagles? I have a question!
Post by bigglesk on Mar 17^th, 2009, 11:25am

Can anyone tell me if the following is correct!

A friend of mine whose daughter has just given birth to a baby boy, has told my friend that it's surname is after the father. However, they are not married and do not live together. I am an oldie and believe that one can only do this by deed pole (not sure of spelling). Surely the childs surname should be the same as the mother's and conversely the same as my friends!

The main reason for this question, is that my friend wants to start a Trust Fund for him.

What say you "Legal Beegles " :-/ :-/ :-/

Keith to some, bigglesk to others

PS. And before you ask it aint my child 8-) 8-) 8-)

Title: Re: Any (UK)Legal beagles? I have a question!
Post by sleepy on Mar 17^th, 2009, 5:26pm

Hiya Keith, i can only go by experience but when my eldest was born my wife and I were not married and not living together, my surname was used on the birth certificate and it was perfectly legal.
That was 34 years ago, i doubt that they've changed the law since then.
Hope this helps clear up the confusion.

Take care, Dale.

Title: Re: Any (UK)Legal beagles? I have a question!
Post by bigglesk on Mar 17^th, 2009, 6:11pm

Cheers Dale

Keith

Title: Re: Any (UK)Legal beagles? I have a question!
Post by zapstrap on Mar 17^th, 2009, 8:34pm

My friend has two daughters with his partner and they have taken his surname - though I believe they could have taken either.

It is a safeguard in the sense that for the father should the partnership break the children keep his name even if his partner re-marries

Also he knows that if he is cut off, the children will know who to look for when they are old enough to do so (I have a friend who's wife remarried when his children were very small and moved abroad - his son does not even know he exists)

for the mother it is easier to prove paternity when chasing for maintenance payments!

And to disperse the doom and gloom, should the mother and father ever marry, they will all have the same surname!

Title: Re: Any (UK)Legal beagles? I have a question!
Post by invalid on Mar 17^th, 2009, 11:30pm

Who can register the birth?

If the mother and father were married to each other at the time of the baby’s birth, either parent may register.
If the mother and father were not married to each other at the time of the baby’s birth, the mother alone may register the birth, but the father’s details can only be entered in the register if he is also present at the time of the registration.
Alternatively the mother and father may both make a statutory declaration.

Mothers please note
If you are not married to baby’s father you are not normally obliged to have the father’s details included in the entry. If the father’s details are not entered at the time of registration it may be possible for this to be done at a later date. For further information please contact the Registrar who will be happy to answer any questions you may have.
An important change for unmarried couples
The law has changed to make it easier for unmarried fathers to get equal parental responsibility. From 1st December 2003, all you have to do is for both parents to register the birth of your baby together.
Parental responsibility for your child gives you important legal rights as well as responsibilities. Without it, you don’t have any right to be involved in decisions such as where they live, their education, religion or medical treatment. With parental responsibility, you are treated in law as the child’s parent, and you take equal responsibility for bringing them up.
Unlike mothers and married fathers, if you are not married to your baby’s mother you do not automatically have parental responsibility for them.
Before this change, you could only gain parental responsibility by later marrying the child’s mother, signing an official agreement with the mother or getting a court order. You can still get responsibility in these ways – you might want to think about this if you have other children.
Need help to decide what to do?
Parentline Plus has a free helpline where you can talk through the options and ask for advice.

H.

Title: Re: Any (UK)Legal beagles? I have a question!
Post by bigglesk on Mar 18^th, 2009, 6:30am

Thank's to all. That has certainly cleared it up :)

Cheers. I have sent a copy to my m8

Keith