Birth Certificate question??

[McCaw]

I don't think you should rush into marriage. I thought it might help a bit on the parental rights issue but maybe it's not necessary. I think it's great that you want your wedding day to be fabulous for your girlfriend. I saw an online ad today for Barnardo's and the girl in it is saying how amazing it was to be given a birthday party by her foster parents because her own mother didn't bother. I just cannot imagine that, even though I know that so many children lead very bleak lives. It's absolutely heartbreaking.

Yeah it is. Like when my gf talks about her childhood it does break your heart but then you think y'know her situation isn't even that rare, mother died, father became an alcoholic, I bet there's hundreds of kids out there now in just that situation...it is sad.

Saying that i do think foster parents do a really really good job - I think if they had less kids written off and stuck in care like my gf and more kids I foster homes the system would work much better....butr there we are - I'm not the one running the country!

 

I cannot imagine why any post-adoption visits by social workers would be required here. It's nothing like an adoption where someone applies to adopt and then goes through the process and is then able to look at/be considered for adoptable children. You want and will love this baby and will be a great father. They'll come and meet you, prepare a report and once it's been finalized by the Court (rubber stamped in fact) then it's bye-bye social workers.

Well that doesn't sound to bad! I guess you just always hear how hard and slow adopting is But if it can be fairly simple maybe that could be the way to go

[McCaw]

Hello again.

 

This is from the government website about stepparents adopting. You need to be a spouse or a partner if I read this right.

 

https://www.gov.uk/child-adoption/adopting-a-stepchild

 

HB

That's really intresting - I read somewhere 2yrs but 6 months living together isn't bad at all! That kind of time flies by!

[McCaw]

Mine was for step parent me (Stepfather) for all 3 of one family, hence why I commented above. and the problem with the real father releasing his authority. they tend to be obtrusive for quite a while.

So. If there was no biological father about do you think the process still would of dragged on?

[Old Cogger]

So. If there was no biological father about do you think the process still would of dragged on?

 

 

 

yes because of the system, he just delayed signing the final papers until his (Mummy) stepped in = enough said.

[McCaw]

yes because of the system, he just delayed signing the final papers until his (Mummy) stepped in = enough said.

 

Really?

So, if you don't mind me asking, was it a lot of social workers and the like or just loadsofpaper work?

 

My concern with adoption, aside from it potentially being lengthy... is my age going against me ]( I'm not 21 till march) and my house going against me (I don't know if that can be an issue or not but it's not particually conventional, it's basically like a cross between a big treehouse and a cabin on stilts)

[Desperate Daniella]

I'll see what I can find out about the age situation.

 

The issue with the house will be safety. If it's safe and the baby can't harm himself by falling out I think you should be okay.

[steampowered]

So id need to be a step parent for that, yeah?? So we'd have to get married before we could apply?

 

No, you don't need to be a step-parent - this is just an example. It can be anyone who wants to have the right to exercise parental responsibilities and rights in relation to the child.

 

The legal significance of a father going onto the birth certificate is that he would automatically get legal 'parental responsibility'. As it should be fairly easy to get a court order giving you parental responsibility by making a section 8 application, I personally think it would be madness to go onto the birth certificate for the sake of saving a hundred quid or whatever the court fee is.

 

I don't think there is any sense in doing an adoption. An adoption would need you to have an assessment done, it would take more time and you would still need to apply for a court order. I suspect you are better off asking for the section 8 order which is a much simpler process. The parental responsibility you are given by a section 8 order is the same parental responsibility you would get with an adoption.

 

The only advantage of doing an adoption would be that it takes away parental responsibility from the father. However, this has no relevance to your situation. A father is only assumed to have parental responsibility without a court order if he is (1) married to the mother or (2) on the birth certificate.

[McCaw]

I'll see what I can find out about the age situation.

 

The issue with the house will be safety. If it's safe and the baby can't harm himself by falling out I think you should be okay.

 

Oh yeah its totally safe...its just, well half of it is raised up. Its baby proofed, its just not conventional as such.

[McCaw]

No, you don't need to be a step-parent - this is just an example. It can be anyone who wants to have the right to exercise parental responsibilities and rights in relation to the child.

 

The legal significance of a father going onto the birth certificate is that he would automatically get legal 'parental responsibility'. As it should be fairly easy to get a court order giving you parental responsibility by making a section 8 application, I personally think it would be madness to go onto the birth certificate for the sake of saving a hundred quid or whatever the court fee is.

 

I don't think there is any sense in doing an adoption. An adoption would need you to have an assessment done, it would take more time and you would still need to apply for a court order. I suspect you are better off asking for the section 8 order which is a much simpler process. The parental responsibility you are given by a section 8 order is the same parental responsibility you would get with an adoption.

 

The only advantage of doing an adoption would be that it takes away parental responsibility from the father. However, this has no relevance to your situation. A father is only assumed to have parental responsibility without a court order if he is (1) married to the mother or (2) on the birth certificate.

 

Right I see...

 

So I guess with that my concern is how solid is it? Can it be taken away? Say if my gf woke up in 10 years and decided she wanted to emigrate to Australia with brad pitt, could she? Do I have equal rights or can she override it because shes the biological parent?

 

And then if its 'parental' responsibility then kinda like what happens when he's 18? does it stop? do I stop being a next of kin? would he be in line to inherit mine or my families estates or not?

I know that can all be fixed with a will and the like but I guess I just kind of wonder what happens at that point - do I have anything on paper that says im still his dad or is it just a he knows it and I know it kind of thing?

[steampowered]

My understanding is that the concept of 'parental responsibility' is the same regardless of how you get it. It generally shouldn't matter whether or not you are the biological father (this might be a factor in the court exercising its discretion if there was ever a custody or contact dispute, but there shouldn't be any automatic legal consequences).

 

My understanding is that only the consent of one person with PR is needed to move the child about or to consent to medical treatment. I don't think there is any prohibition on her emigrating to Australia with the child, and the situation would be the same if you were the biological father. If you didn't agree you would need to apply to court for a 'residence order', 'prohibited steps order' or 'specific issue order'. If there was a dispute the court would decide what should happen based on a list of statutory list of factors it has to consider. The paramount factor is the welfare of the child.

 

PR lasts until the child is 18.

 

My understanding is that the term 'next-of-kin' has no technical defined meaning in English law.

 

If you have PR, he would be treated as your child for inheritance purposes and hence would be in line to inherit your stuff unless you said otherwise in your will.

 

Hope this helps.

[McCaw]

Hope this helps.

Yeah that does, thank you

 

My understanding is that only the consent of one person with PR is needed to move the child about or to consent to medical treatment. I don't think there is any prohibition on her emigrating to Australia with the child, and the situation would be the same if you were the biological father. If you didn't agree you would need to apply to court for a 'residence order', 'prohibited steps order' or 'specific issue order'. If there was a dispute the court would decide what should happen based on a list of statutory list of factors it has to consider. The paramount factor is the welfare of the child.

sure, yeah I have heard you can move abroad with your kid but I just mean that me and her would have equal rights yeah? I'd have access rights? They cant just take PR away from you.

 

PR lasts until the child is 18....If you have PR, he would be treated as your child for inheritance purposes and hence would be in line to inherit your stuff unless you said otherwise in your will.

I see, so it would end but he would still be my son? They'd still be some sort of piece of paper that says "***McCaw's Son" or you 'know something to that affect?

I mean I know that doesn't really matter, a piece of paper is just that - a piece of paper but I would like that - something, somewhere, traceable that says he's mine, doesn't have to be the birth certificate but just something.

 

I dunno maybe that's just being a bit sentimental - that by itself isn't worth putting my gf and our boy through social workers and the rest of it!! I just don't like to think of my great great great grandkids tracing their family tree, getting back to *** McCaw and then getting 'father unknown' and drawing a blank.

Edited October 17, 2013 by honeybee13

[honeybee13]

I just don't like to think of my great great great grandkids tracing their family tree, getting back to *** McCaw and then getting 'father unknown' and drawing a blank.

 

Hello again.

 

Speaking as an amateur genealogist, there are far more records than just a birth certificate to find your ancestors. There's so much information about these days, even if some of it isn't released for 100 years, I don't think they'll have much trouble finding you.

 

On balance, I still think you're better off the birth cert and looking for other remedies suggested by steampowered for example.

 

By the way, I've taken names out to keep this anonymous for you. They're not really needed for us to advise.

 

HB

[McCaw]

Speaking as an amateur genealogist, there are far more records than just a birth certificate to find your ancestors. There's so much information about these days, even if some of it isn't released for 100 years, I don't think they'll have much trouble finding you.

Haha well that's good

 

By the way, I've taken names out to keep this anonymous for you. They're not really needed for us to advise.

[Desperate Daniella]

As the others have said, you can get parental responsibility without adopting, but something makes me think you really want your name on the birth certificate and that is completely understandable. If that is what you want there are only two options - putting yourself on the certificate as the father, or adopting later.

 

The house sounds fine. If you decide to go for adoption they can always advise you of any changes you need to make. They won't turn down an adoption on the basis of an unusual house providing it is safe.

[steampowered]

sure, yeah I have heard you can move abroad with your kid but I just mean that me and her would have equal rights yeah? I'd have access rights? They cant just take PR away from you.

 

Yes, the PR can't be taken away from you without a court order.

 

Having PR does not necessarily mean 'equal rights'. If you ever split up and there was a dispute about who the child should live with, the court would evaluate what is in the best interests of the child, and it is not inconceivable that the mother should stay the child should live with her as she is the mother.

 

I see, so it would end but he would still be my son? They'd still be some sort of piece of paper that says "***McCaw's Son" or you 'know something to that affect?

I mean I know that doesn't really matter, a piece of paper is just that - a piece of paper but I would like that - something, somewhere, traceable that says he's mine, doesn't have to be the birth certificate but just something.

 

He would be treated as your son for inheritance purposes and for things like giving consent to medical treatment.

[McCaw]

As the others have said, you can get parental responsibility without adopting, but something makes me think you really want your name on the birth certificate and that is completely understandable. If that is what you want there are only two options - putting yourself on the certificate as the father, or adopting later.

Err yeah, yeah I guess, like ideally I would...I would...

I guess it'll be a case of what I weighing what I would really like up against like up against doing the right thing by him, the right thing by my gf, making the best call for out family, you know? Im not sure, I'm a bit back and forth on it.

[McCaw]

Yes, the PR can't be taken away from you without a court order.

Having PR does not necessarily mean 'equal rights'. If you ever split up and there was a dispute about who the child should live with, the court would evaluate what is in the best interests of the child, and it is not inconceivable that the mother should stay the child should live with her as she is the mother.

He would be treated as your son for inheritance purposes and for things like giving consent to medical treatment.

 

Well that does all sound good! Thanks!

[Desperate Daniella]

I should have asked you before. What does your girlfriend think is the best thing to do?

[McCaw]

I should have asked you before. What does your girlfriend think is the best thing to do?

 

Well...I think My girlfriend would be down with what ever I wanted, but I know she holds the view 'keep it simple, put your name on the certificate' which does have its advantages but my girlfriend, as much as I love her, isn't particually renowned for thinking through long term repercussions of decisions - hence this thread really.