Registering a birth as a non-parent

[Lootman]

This is an odd question. It might belong in the Legal forum but I think it has wider implications.

Short version: Can a (male) person who is not the biological father of a new baby register the birth with him named as the father?

Long version: My son is in a whirlwind relationship with a new girlfriend and she has already moved in with him. She is pregnant with a child by her ex, who vanished as soon as he learned that she was pregnant. By all accounts he wants nothing to do with it.

My son has decided that he wants to raise this child as his own and she is happy about that. He asked me about registering as the father on the birth certificate, when the birth happens (March 2021).

Needless to say I am not happy about this, not least because they have only been together for a few weeks, although she seems like a genuine girl. But are there any specific risks here? For example could he be on the hook for child support if she runs off, even though he can in theory later prove he is not the biological parent via a DNA test? Is some kind of contract in order or is it pointless?

Assume for this purpose that they do not plan to marry in this timeframe.

[didds]

Purely curious - what does he think he would gain by being so named?

And alternatively how would the registrar know if he was the biological father or not? After all i suspect there have been some genuine beliefs of being a biological father and thus named on the BC, where in fact the biological father was somebody else...

[chas49]

https://www.gov.uk/register-birth/who-c ... er-a-birth

Seems to suggest that he can't be named as the father on the birth certificate:

Unmarried parents
The details of both parents can be included on the birth certificate if one of the following happens:

they sign the birth register together
one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth
one parent goes to register the birth with a document from the court (for example, a court order) giving the father parental responsibility

[PinkDalek]

[My son has decided that he wants to raise this child as his own and she is happy about that.

An alternative option to the one mooted and answered is the future possibility of adoption (subject to your son's age, assessment and cost and the birth 'Fathers’ rights' etc):

https://www.gov.uk/child-adoption

Assume for this purpose that they do not plan to marry in this timeframe.

That issue in itself shouldn't preclude the adoption possibility:

Who can adopt a child

You may be able to adopt a child if you’re aged 21 or over (there’s no upper age limit) and either:

single
married
in a civil partnership
an unmarried couple (same sex and opposite sex)
the partner of the child’s parent

[Lootman]

Purely curious - what does he think he would gain by being so named?

And alternatively how would the registrar know if he was the biological father or not? After all i suspect there have been some genuine beliefs of being a biological father and thus named on the BC, where in fact the biological father was somebody else...

Yes, I'd assume that the registrar accepts the declaration of parenthood at face value, absent a compelling reason not to. If a woman is married to an infertile male then she might have birth via IVF using the sperm of another man. The husband would still declare himself to be the father, presumably.

One reason to do this is that there would be an option for the baby to take the father's surname if and only if he is registered as the father.

https://www.gov.uk/register-birth/who-can-register-a-birth

Seems to suggest that he can't be named as the father on the birth certificate:

Unmarried parents
The details of both parents can be included on the birth certificate if one of the following happens:

they sign the birth register together
one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth
one parent goes to register the birth with a document from the court (for example, a court order) giving the father parental responsibility

From that source, why could he not be named as the father if both he and the girlfriend "sign the birth register together"?

An alternative option to the one mooted and answered is the future possibility of adoption (subject to your son's age, assessment and cost and the birth 'Fathers’ rights' etc)

Yes, I had thought the same thing. Perhaps he feels he can avoid the hassle of the whole adoption process by just registering himself as the father?

There would be a risk that the biological father might come along later and make some kind of claim, although apparently he could not run away fast enough!

[PinkDalek]

From that source, why could he not be named as the father if both he and the girlfriend "sign the birth register together"?

Random link found and I realise his views might align with yours on certain matters but I'm sure a father would inform a son of the following:

https://www.eastsussex.gov.uk/community/registration/registerabirth/perjury-warning/

7. Perjury warning

Any person who knowingly and wilfully gives false information to a registrar for the purposes of the registration of a birth is liable to prosecution for perjury.

[mc2fool]

"In the United Kingdom, paternity fraud, like adultery, is not a criminal offence[2] except in the case of the lineage of the children of the British monarch under the Treason Act 1351 where the adulterers are punishable as adultering against the lineage of the King with the King's "companion, ... or the wife of the King's eldest son and heir". Knowingly making a false statement on a public document is a criminal offence, including naming someone who is not the biological father. " https://en.wikipedia.org/wiki/Paternity_fraud#United_Kingdom

That would presumably apply to both of them.

As far as my googling efforts can work out this is under section 4 of the 1911 Perjury Act: https://www.legislation.gov.uk/ukpga/Geo5/1-2/6/section/4

Note "...on conviction thereof on indictment to penal servitude for a term not exceeding seven years".

[Dod101]

Quite apart from the fact that he would be committing perjury apparently, he appears to be behaving like a starry eyed youngster where his judgement is seriously flawed by the emotions of the situation. On those grounds alone, I think he would be unwise to put his name on the birth certificate. Once the child is born and the situation has gained some reality for both parties, if he still of the same mind in say a year's time, he could move to adopt the child. There are two or will be two relationships for him to consider, one as a partner of the mother and the other as a father of the child. I would counsel him to slow things down a bit.

If everyone thought about it anyway, why would he want to claim to be the father when he is not, except from an emotional view point and that in the middle of a whirlwind relationship with the soon to be mother? Wow!

Dod

[Lootman]

7. Perjury warning

Any person who knowingly and wilfully gives false information to a registrar for the purposes of the registration of a birth is liable to prosecution for perjury.

"In the United Kingdom, paternity fraud, like adultery, is not a criminal offence[2] except in the case of the lineage of the children of the British monarch under the Treason Act 1351 where the adulterers are punishable as adultering against the lineage of the King with the King's "companion, ... or the wife of the King's eldest son and heir". Knowingly making a false statement on a public document is a criminal offence, including naming someone who is not the biological father. "

Yes, although it does beg the question of the precise definition of the word "father".

mc2fool's citation states that it has to be only the "biological father", rather than being a mere de facto father. But then what happens in the case I mentioned earlier where the mother uses IVF and another man's seed to become pregnant? Is her husband thereby disbarred from registering as the father?

For that matter who is the biological mother in a surrogate birth?

Quite apart from the fact that he would be committing perjury apparently, he appears to be behaving like a starry eyed youngster where his judgement is seriously flawed by the emotions of the situation. On those grounds alone, I think he would be unwise to put his name on the birth certificate. Once the child is born and the situation has gained some reality for both parties, if he still of the same mind in say a year's time, he could move to adopt the child. There are two or will be two relationships for him to consider, one as a partner of the mother and the other as a father of the child. I would counsel him to slow things down a bit.

If everyone thought about it anyway, why would he want to claim to be the father when he is not, except from an emotional view point and that in the middle of a whirlwind relationship with the soon to be mother? Wow!

Agreed and I don't like the idea at all. But I need a better argument than that because, as you observe, he is besotted right now and so won't hear a negative word about the idea.

So the perjury argument above would carry weight. If he cannot legally do this that should be sufficient. He is smitten but not stupid.

Otherwise, he asked me before mentioning this to my wife because she is usually a lot more intolerant about speculative ideas and actions than I am. I could just sit back and have them both go head-to-head, but I am hoping that a discreet word and a killer argument would do the trick without risking that fall-out.

[PinkDalek]

But then what happens in the case I mentioned earlier where the mother uses IVF and another man's seed to become pregnant? Is her husband thereby disbarred from registering as the father?

See https://www.cambridgeshire.gov.uk/residents/births-deaths-and-marriages/births/registering-a-baby-conceived-after-fertility-treatment-or-surrogacy. There’ll be loads more on the subject out there.

Can’t really see the relevance to the original question for your son though. Interesting question which I believe has been answered. Sure it happens plenty of times with no immediate come back. After all quite often the Dad will be told he is the biological father when not, even I’m sure quite often the mother possibly doesn’t know either! Until something or other arises in later years, such as the DNA tests you mentioned in your OP.

[dspp]

But then what happens in the case I mentioned earlier where the mother uses IVF and another man's seed to become pregnant? Is her husband thereby disbarred from registering as the father?

See https://www.cambridgeshire.gov.uk/residents/births-deaths-and-marriages/births/registering-a-baby-conceived-after-fertility-treatment-or-surrogacy. There’ll be loads more on the subject out there.

Can’t really see the relevance to the original question for your son though. Interesting question which I believe has been answered. Sure it happens plenty of times with no immediate come back. After all quite often the Dad will be told he is the biological father when not, even I’m sure quite often the mother possibly doesn’t know either! Until something or other arises in later years, such as the DNA tests you mentioned in your OP.

Some background info that may or may not assist.

The illegitimacy ratio appears to have fallen from 66/1000 in 1842 to ~45/1000 until the 1940s, and then began to rise (https://www.york.ac.uk/media/spsw/docum ... dWales.pdf) , though the extent to which that rise is really a new phenomenen appears to be highly politically charged (https://www.centreforsocialjustice.org. ... Family.pdf).

A 2005 genetic data analysis re false paternity is (https://jech.bmj.com/content/jech/59/9/749.full.pdf) which gives good information and also discusses public health implications pretty dispassionately. A few months ago I am sure I saw a more recent study of this nature but I am afraid I cannot find it now.

Another reference say, "When Mass-Observation surveyed sexual behaviour in 1949 it found that one husband in every four and one wife in every five admitted to extra-marital sexual relations", (http://sro.sussex.ac.uk/id/eprint/23744 ... ngland.pdf) .

Irish Law Reform Commission report of illegitimacy law, 1982 (https://www.lawreform.ie/_fileupload/Re ... timacy.htm) is interesting.

regards, dspp

[Loup321]

If he does lie and they register him as the father on the birth certificate, he will have parental responsibility for the baby. That means he can make decisions for the baby without the mother (like school applications, medical treatment). Potentially useful if the toddler is hurt on a Daddy-Day while Mummy is working. However, I don't recall the hospital asking either me or my daughter's father to prove we had parental responsibility when signing permission for her to have an operation when she broke her arm. We looked like a traditional family unit, and behaved like a traditional family unit, so the assumption was that we were a traditional family unit. So maybe parental responsibility would not be necessary.

If they separate, he will have as much right as her to see the child, but he will also be liable for maintenance until the child is 18. Being named on the birth certificate means that he is presumed the father, and can't get out of being the father for maintenance purposes even with a DNA test. I'm not sure whether the mother can require a DNA test and get him removed from the birth certificate, but that would depend on whether she wants the money more than wants him out of her life. Not sure how the courts would view DNA evidence versus birth cerificate for access or residence.

But ultimately, there is a tiny human being. This little human being would be starting its life with a lie, and the parents need to decide how long that lie would last. That is critical. Also, how would the truth be told? In a heated argument with a stroppy teenager? To a sensible 8-year-old explaining that by making that choice it proves that Daddy loves him very much? What about when tiny human being is 18 and wants to find their birth father? What if birth father "grows up" in 6 months and demands to see his child? He can demand a DNA test and get access (as far as I am aware). What about birth father's future children?

It's very hard to continue a lie forever, so if you are going to start a new life with a lie, there needs to be a plan for when to unravel it and fix it. And then, since your son has committed perjury, how far do you go with telling the truth? Tell the child and then swear them to secrecy?

[Lootman]

Thanks to everyone for the references and reasoning, and to Loup for giving me ideas about how to frame my discussion with the boy.

I am pleased to report that he appears to have now abandoned the idea. I do give him a lot of credit for being willing to take on someone's else's child. But of course, early days still.

Anyway, cheers.

[Bouleversee]

I was going to suggest you might give him the same advice William gave Harry and stand back for the explosion but I am pleased to see common sense has prevailed. It would have been a very big mistake. One can't even rule out that the child might be difficult or have medical problems or whatever and the young lady decided to make off leaving him to hold the baby. He can't have known her for very long so much better to wait to see how the relationship develops with both of them and then take the positive decision to adopt if all goes well.