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Pregnant with a married man

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  • Pregnant with a married man

    Hello, I was looking for some legal advice about the situation I am in. I am pregnant with a married man. Now the situation is complicated and I donít know if he will be getting a divorce or not at the moment. What I am asking is, can this baby have the dadís name or can the dad be put on the birth certificate? As he does want to be a part of this childís life? Also, if he doesnít get a divorce, what are the rights that his actual wife can have over my baby?

    thank you
    Tags: None

  • #2
    Hondalover I am assuming you are in England.

    It's irrelevant that your baby's father is married to someone else. He can still be named as the father on your baby's birth certificate as it seems he is willing to be named. Look at the 'Unmarried parents' section on this gov.uk guidance page for details. https://www.gov.uk/register-birth/wh...gister-a-birth He doesn't have to get divorced to be named on your baby's birth certificate as the father.

    The simplest way is that when you go along to register the birth you both go together and both sign the birth register. By doing that he will automatically acquire parental responsibility (jointly with you) for your child

    If he refused to agree that he was the father it would be more complicated, but that doesn't seem to be an issue at the moment.

    His wife won't get any legal rights over your baby and will not have parental responsibility.

    Good luck, I hope it all goes well for you.
    Last edited by PallasAthena; 26th July 2023, 13:38:PM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


    • #3
      Yes, you may name the father on the child's birth certificate. This will give him parental responsibility under the law.

      Rights of his wife over your child: none.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


      • #4
        Also, i would have another question. If the dad is named but the child will have my surname, what are the laws regarding travelling with the baby but without the father? Do I still need his approved and some paperwork to leave the country?


        • #5
          The question of whether you can take the child out of the country without the father's permission will depend on whether the father has "parental responsibility" or if a court makes an order preventing you from traveling outside the country. A mother is automatically given parental responsibility by law.

          There are different scenarios where a father will have parental responsibility but one example is where the father is listed on the birth certificate. The law states that you must obtain permission from anyone with parental responsibility to take the child abroad. Failure to do so amounts to child abduction and you could be arrested and prosecuted.

          You may want to have a long hard think as to whether you want the father listed on the baby's birth certificate.If he is not listed, you are free to take the child abroad without his consent.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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