Home > Children & The Law > Registering The Birth of a Child

Registering The Birth of a Child

By: Jack Claridge - Updated: 20 Mar 2017 | comments*Discuss
 
Birth Registration Register Office

In England and Wales, a new baby must be registered within 42 days of its birth. This is usually carried out at your local registry office, although in some cases a mother may be able to register her baby before she leaves hospital if a registrar is present.

Why is it Important to Register The Birth of a Child?

Your child's birth needs to be registered so that they are legally recognised. After the registration, you will receive your baby's birth certificate as proof of registration, and this document will be required if you are claiming any benefits and to prove their identification. Both parents should be named on the birth certificate, if they are known.

Who Can Register The Birth?

The birth can be registered by:
  • Either the mother or father if they are married
  • The child's mother if she is not married

If one of the parents cannot attend the registration, they need to fill in a statutory declaration form and this should be handed in to the registrar.

If a Parental Responsibility agreement in place or either parent has an appropriate court order, this can be presented at the time of registration.

If the father's details are not recorded, it may be possible for these details to be registered at a later date.

What if the Parents Cannot Attend?

If neither the mother or father can attend the registration, then the following may register the birth in their place:
  • The Occupier of the house or hospital where the child was born
  • The person who was present at the birth
  • The person who is responsible for the child

What Information Do We Have To Provide?

You must provide the registrar with the following information for your baby's birth certificate:
  • The date of your child's birth
  • The place of your child's birth
  • Your baby's full name and gender
  • Name, date and place of birth and occupation of the father
  • Name, date and place of birth and occupation of the mother

Make Sure You Get it Right

Registering the birth of your child is a happy experience but, as a birth certificate is a legal document, every attempt should be made to ensure that all information and details relating to both the birth and to the birth parents is accurate at the time of registration. Make sure that all spellings, especially your child's name, are correct as these cannot be corrected.

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[Add a Comment]
confusedftm - Your Question:
My husband and I separated last year and I am now expecting a baby by someone else. I haven't yet got divorced as I cant file as weve not been separated 2 years and hes too lazy to do it even though he could on account of my adultry (although we were already separated when I started dating it still counts apparently) My friend has scared me a bit by saying if I dont get divorced my husband might be able to claim rights to my child even though hes not the father. Is that right? It seems like it would be rediculous especially as the actual father is very involved.

Our Response:
No this isn't the case. You would be able to prove that he wasn't the biological father if necessary.
LawAndParents - 22-Mar-17 @ 2:43 PM
I know what i did was wrong but please dont judge me. I had a manager at work who flirted with me a lot. She was married but said she was unhappy and the relationship had broken down and they slept in different rooms. On a work night out she text me and invited me to her hotel room. I went and we had sex and then started seeing each other immediately. She introduced me to her son and things were great she left her husband and we moved into her parents house. She found out she was pregnant and the dates mean the baby is mine. weeks after this she started being funny with me and one day she went to work and had her parents throw me out the house. She is now back with her husband and they are going to raise the baby as there own and she will put him on the birth certificate. she says i should walk away as she will never let me have any part in the babies life. What are my rights and what can i do??
Alex A - 20-Mar-17 @ 10:07 PM
My husband and I separated last year and I am now expecting a baby by someone else. I haven't yet got divorced as I cant file as weve not been separated 2 years and hes too lazy to do it even though he could on account of my adultry (although we were already separated when I started dating it still counts apparently) My friend has scared me a bit by saying if I dont get divorced my husband might be able to claim rights to my child even though hes not the father. Is that right? It seems like it would be rediculous especially as the actual father is very involved.
confusedftm - 20-Mar-17 @ 1:02 PM
Nan - Your Question:
My son who is 17 and his 15 year old girlfriend have just had a baby. Her family are pushing him out. Can she register baby and not put him on birth certificate.

Our Response:
She can, but a natural father can apply to the courts to have his name added to the birth certificate under a statutory declaration of parentage (a DNA test is usually ordered). If he makes his girlfriend aware of this she may consent to his name on the birth certificate from the outset. It is illegal to have sex with anyone under 16 so he will need to act carefully.
LawAndParents - 20-Mar-17 @ 11:28 AM
My son who is 17 and his 15 year old girlfriend have just had a baby. Her family are pushing him out. Can she register baby and not put him on birth certificate.
Nan - 17-Mar-17 @ 8:55 AM
I have a question regarding my twins and my ex wife. I was married in 2003 in las vegas, my ex wife fell pregnant whilst on our honeymoon in march 2003, my twins were born in november. Just prior to them being born i left the relationship due to her violence and mental problems. When she registered our children in the registry office she failed to put me on the birth certificate.. But obviously we were married. I'm curious to know after all this time, after being told for 13 years that i have no rights as i'm not on the birth certificate, has she done anything illegal? As we were married, surely she should have declared she was? Seems to me she has lied and left me off the documents, thus not giving me any rights? Confused! Please help. Thanks
Jamie - 7-Mar-17 @ 12:09 AM
Hi I have a son who is 13months old WE were due to go and register him on a Monday,his mother decided of her own back to do this whilst I was at work and when I got home she told me she had registered our son , her reason being that we had not been getting along so well and she didn't want me to have any Parentel rights , we have been On and off for a while never any violence , she has told me I can have my name on the birth certificate when he is almost 16 this is killing me inside , also she has stated that if she meets someone and gets married my son will be given her new partners name . She knew who the father was so she has lied to the registrar stating that she didn't k ow the father where do I stand legally and what can I do to get my name on the certificate ?
DSG - 6-Mar-17 @ 9:11 PM
andy - Your Question:
Hi all,I am really worried I have bee seeing my partner for nearly a year now and she is having are baby of 16 weeks, she is still married to her ex so has is surname. she is going through a bad time and is confused on what she want in life and may want to be back with her ex, really bad time for me. we are now not to together, but are still really close. I am worried when the baby is born and we will sign the birth certificate. the baby will have her surname which is his, I really want my surname on the BC as I want to be a part f my baby life, it really worries me. can anybody help and give me some advice please

Our Response:
If the mother refuses to allow you to have your name included on the birth certificate, you can still apply to the courts to have it added. They will order a paternity test to confirm you are the natural father and will then order a re-register of the birth with your name included as the father.
LawAndParents - 24-Feb-17 @ 10:43 AM
Anthony - Your Question:
I want to get my name on my son's birth certificate he is over 1 years old what I'd the best way to do get this done

Our Response:
Asking the mother is the simplest way to do this. If she refuses, then you may need to apply to the courts.
LawAndParents - 22-Feb-17 @ 12:59 PM
Lily - Your Question:
I left my husband when I was 3 months pregnant as he physically attacked me. He was charged with common assault. I do not wish him to be involved in our child's life conceived through IVF as I he presents high risks to me and the child.Please advise me if I have to put his name on the child's birth certificate? We are still legally married but we have separated.

Our Response:
It's your choice, but he can insist that his name is included (if necessary via the courts).
LawAndParents - 22-Feb-17 @ 12:55 PM
hi all, I am really worried I have bee seeing my partner for nearly a year now and she is having are baby of 16 weeks, she is still married to her ex so has is surname. she is going through a bad time and is confused on what she want in life and may want to be back with her ex, really bad time for me. we are now not to together, but are still really close. I am worried when the baby is born and we will sign the birth certificate. the baby will have her surname which is his, I really want my surname on the BC as I want to be a part f my baby life, it really worries me. can anybody help and give me some advice please
andy - 21-Feb-17 @ 1:57 PM
I want to get my name on my son's birth certificate he is over 1 years old what I'd the best way to do get this done
Anthony - 20-Feb-17 @ 1:31 AM
I left my husband when I was 3 months pregnant as he physically attacked me. He was charged with common assault. Ido not wish him to be involved in our child's life conceived through IVF as I he presents high risks to me and the child. Please advise me ifI have to put his name on the child's birth certificate? We are still legally married but we have separated.
Lily - 19-Feb-17 @ 11:08 PM
Kyte - Your Question:
Can a mother give her child the surname of its father without his permission and consent and without him being present at the registration?

Our Response:
She can give the child whateve surname she chooses. However, she cannot put the father's name as the biological father on the birth certificate unless he consents to it.
LawAndParents - 16-Feb-17 @ 12:41 PM
Can a mother give her child the surname of its father without his permission and consent and without him being present at the registration?
Kyte - 15-Feb-17 @ 10:53 PM
if it is proved through a d.n.a test that my ex partner is not my sons father. How do i stand on taking his name off of the birth certificate? He is taking me through court and i want it proved that he is not the dad!
Charlie - 11-Feb-17 @ 10:40 AM
Why is it fraud to put another mans name on the cert? What if this said man has done much more for the unborn child than the bio dad, what if the bio dad doesn't want contact with the child? The child is left without a father on their birth certificate.
Lj - 11-Feb-17 @ 9:54 AM
My granddaughter was registered behind my son's back not putting his name on the birth certificate even though he wanted to be on it and for the baby to have his surname. Is this illegal?
ajeds - 10-Feb-17 @ 4:09 PM
lucy88 - Your Question:
My partners ex (the mother of his child) registered his daughter with a surname which is not his or even her legal surname is this allowed?

Our Response:
You can givechild any name you like when you register its birth. The birth certificate will contain the details of both parents and their surnames too (assuming the father consented to his name being on).
LawAndParents - 9-Feb-17 @ 1:54 PM
My partners ex (the mother of his child) registered his daughter with a surname which is not his or even her legal surname is this allowed?
lucy88 - 8-Feb-17 @ 11:16 AM
Im looking for some advice regarding. My ex I came home from Wales today to find my fiance of 4years. Has left she's due to drop on the 2nd of aprilI came home to find almost everything gone from the house including the baby stuff I bought washing machine tumble dryer cloths etc so it's not just a spat it's been planned for months. The thing is I have done nothing but support her all the way through at 22weeks she was deciding on an abortion we talked and she didn't go through with it now... She's using it as a weapon trying to say I'm forcing her to have a baby but at the same time getting her Manipulative sister to message me saying that I'll only be allowed supervised contactI have been there for her from the start which is why I'm so confused about the whole situation we been going on really well then all of a sudden gone *poof*how do I go about the birth certificate etc even though baby ain't born yet I feel like she's kidnapped my unborn child and there's nothing I can do PLEASE shed some light thanks
Jonoupsetdaddy2be - 2-Feb-17 @ 6:52 PM
Can my daughter in law register my grandson without my son been present.and can she register the baby in my sons surname
Nana p - 2-Feb-17 @ 1:05 PM
Hi can a women put her ex husbands name on a birth certificate even though the child isnt his
Kath - 17-Jan-17 @ 5:14 PM
Julie- Your Question:
Can a mother give her child the surname of another man ( not the biological father ) without his consent ?

Our Response:
In general a mother (with parental responsbility) can call her child whatever name she chooses as long as any other parties with parental responsibility agree. She cannot name him as the father on the birth certificate of course.
LawAndParents - 11-Jan-17 @ 11:54 AM
Can a mother give her child the surname of another man ( not the biological father ) without his consent ?
Julie - 10-Jan-17 @ 2:28 PM
Can a "fathers" name be added to a birth certificate without his knowledge or without him being present?
Lilmiss - 14-Dec-16 @ 10:39 PM
Winniesearch - Your Question:
If a woman is married in UK, does she have to have her husband's name on birth certificate of her child if he is not the biological father?

Our Response:
No - it is fraud to put the name of anyone except the biological father on the birth certifcate. It can be left blank though.
LawAndParents - 14-Dec-16 @ 2:47 PM
If a woman is married in UK, does she have to have her husband's name on birth certificate of her child if he is not the biological father?
Winniesearch - 14-Dec-16 @ 2:20 PM
Hemmi33 - Your Question:
I have a 4 year old daughter who has my surname, my ex partner (not married) left me whilst I was pregnant and has only seen her a few times. He isn't on her birth certificate (his choice) I'm with a new partner now and I'm expecting a baby with him. My daughter sees him as her Daddy and we'd like to make this official. We would all like the same surname and for him to have PR for both of our children. Does he apply to adopt her? Do we change her name by deed pole? We'd like to get married but this won't be happening for a year or so yet. Thank you

Our Response:
Your new partner can apply to the court for parental responsibility. If your ex is not on the birth certificate you should not need his consent to change your daughter's name.
LawAndParents - 12-Dec-16 @ 2:31 PM
I have a 4 year old daughter who has my surname, my ex partner (not married) left me whilst I was pregnant and has only seen her a few times. He isn't on her birth certificate (his choice) I'm with a new partner now and I'm expecting a baby with him. My daughter sees him as her Daddy and we'd like to make this official. We would all like the same surname and for him to have PR for both of our children. Does he apply to adopt her? Do we change her name by deed pole? We'd like to get married but this won't be happening for a year or so yet. Thank you
Hemmi33 - 11-Dec-16 @ 6:44 AM
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