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potiche | 14:13 Sun 03rd Nov 2013 | Law
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When a baby is born to a father who is married but not to the baby's mother, will it have the mother's surname? Is there a rule of law or is it the parents' choice?
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If the parents are married, either the mother or father can register the birth without the other being present. If the parents are not married, the father must be present for his name to be registered. A baby can have any surname the parent(s) want - it doesn't have be either the mother's or the father's. If a woman is married there is a legal presumption that her...
14:47 Sun 03rd Nov 2013
parents choice
however, the father cannot go on the birth certificate unless he is present while registering the birth. And if the mum is also married to someone else, the husbands name will go on
If the parents are married, either the mother or father can register the birth without the other being present.

If the parents are not married, the father must be present for his name to be registered.

A baby can have any surname the parent(s) want - it doesn't have be either the mother's or the father's.

If a woman is married there is a legal presumption that her husband is the father and no law will be broken if her husband is named as the father even if he is not. However, there is no legal obligation to put the husband's name on the birth certificate if he is not the father. The husband can provide a statutory declaration that he is not the biological father or DNA results.
the childs biological father must be present at the registration, if the mother is married to someone else the law regards that child as her husbands and be registered as such.
The father doesn't need to be there if the parents are married.
The father can register the birth without the mother being present if they are married.

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

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