childs surname

[leka]

Happy New Year to all
I have two questions:
(1) If a child's birth is registered with the fathers name on the certificate but the couple have not got married, is there any ruling in law as to which surname the child has to be given or is it their choice.
(2) If a couple marry two years after the child was born and the child was given the mothers maiden name but no fathers name on the birth certificate (although the husband is the father) does that child have to be legally adopted by the father.
leka

[Rosinish]

(1) If a child's birth is registered with the fathers name on the certificate but the couple have not got married, is there any ruling in law as to which surname the child has to be given or is it their choice.

Which Country is this?
In Scotland, if an illegitimate child is registered with father present, the child would be registered under both surnames.....automatically.

(2) If a couple marry two years after the child was born and the child was given the mothers maiden name but no fathers name on the birth certificate (although the husband is the father) does that child have to be legally adopted by the father.

Can't answer that with surety.

I think possibly if the father admits paternity an addition can be added to the birth but I think some legal document from a Lawyer would be needed incase of later descrepency?

I'm sure someone can give you a true answer?

Annie

[stanmapstone]

What years are you referring to?

Stan

[Rosinish]

What years are you referring to?

What Country?

Annie

[leka]

Hi Annie
thank you for your answers, the country is England but that is very interesting about Scotland I will add that to my helpful notes.
Hi Stanmapstone, Question (1) is the present day and question (2) relates to the 1920
leka

[Jebber]

1. When the father attends  registration and is named on the certificate, then the birth is reorded in both names, the child is entitled to use either name.

2. If no father is named on the on the certificate, even if the subsequent husband is the father, the fact that he was not attendant at the time and was not named, would mean  the child would have to be adopted by both parents as a couple, regardless of the fact the woman is already the child's mother.

From a conversation with a Registrar some time ago, when discussing the different events that can arise, I believe my answer to question two is correct. I am sure Stan will soon correct me if I am wrong.

Jebber

[leka]

Hi Jebber
Thank you for the answers to both questions it was question two that I was most interested in because I have a relative who was born 1919 but when she got married she used her mothers maiden name so I always wondered whether the father would of had too adopt her or not.
many thanks
leka

[Rosinish]

I believe that a person may be known by any name they choose (not by deed poll) as long as it's not for fraud reasons?

My (Scottish) g g/mother used her absent father's surname throughout her life although registered in her mother's maiden name & registered as illegitimate.

Annie

[Jay9]

If the parents are not married and the father is not named on the Birth certificate and they then marry later, the fathers name can be added after a declaration is made and signed by him confirming he is the father, it is NOT an adoption. 

Jan