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Can i take his name off the birth certificate?

  • 09-06-2012 4:56pm
    #1
    kknapp21
    Registered Users, Registered Users 2 Posts: 35 ✭


    My ex and I weren't married, but were together for about 5 years, we have a soon to be 5 year old daughter. He hasn't applied for gaurdianship of any sort and has no interest in her really. Is there a way to take his name off the birth certificate?


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Simple answer is no, you cannot remove his name unless you can prove he's not the father.


  • #3
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    Afaik, I don't think there is unless unless you can prove he isn't the father...info from Treoir HERE.

    I appreciate you must be very angry and disappointed at your ex-partners lack of interest in your daughter but for your daughter's sake, I really wouldn't recommend removing or hiding her fathers identity.

    All the best.


  • #4
    kknapp21
    Registered Users, Registered Users 2 Posts: 35 ✭kknapp21


    is there anyway then that I could change her last name to just mine? I really just want to take away all his rights.


  • #5
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    You can change her surname officially via deed poll or just by common usage by registering at school, doctors, etc with the surname you want.

    There are no added rights because the child has his surname - or rights lost if you change it.


  • #6
    kknapp21
    Registered Users, Registered Users 2 Posts: 35 ✭kknapp21


    Ickle Magoo wrote: »
    Afaik, I don't think there is unless unless you can prove he isn't the father...info from Treoir HERE.

    I appreciate you must be very angry and disappointed at your ex-partners lack of interest in your daughter but for your daughter's sake, I really wouldn't recommend removing or hiding her fathers identity.

    All the best.

    Its not that I want to remove or hide who he is. My daughter is 4, soon to be 5, she knows who her father is, and always will. Its more so so that I can continue on with my life. I'm not irish, and I don't want him to have any rights that would stop me from leaving the country.


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  • #7
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    He has no right to stop you leaving the country, but he does have rights to stop you removing the child.


  • #8
    mattjack
    Registered Users, Registered Users 2 Posts: 5,389 ✭✭✭mattjack


    Ickle Magoo wrote: »
    You can change her surname officially via deed poll or just by common usage by registering at school, doctors, etc with the surname you want.

    There are no added rights because the child has his surname - or rights lost if you change it.

    Do you not need consent of the father to change by Deed Poll ?


  • #9
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    aujopimur wrote: »
    He has no right to stop you leaving the country, but he does have rights to stop you removing the child.

    He has the right to apply for guardianship and access - he has no legal right to stop either leaving the country without.
    kknapp21 wrote: »
    Its not that I want to remove or hide who he is. My daughter is 4, soon to be 5, she knows who her father is, and always will. Its more so so that I can continue on with my life. I'm not irish, and I don't want him to have any rights that would stop me from leaving the country.

    The surname gives him no rights - and changing her name would remove no rights...because in Ireland unmarried fathers have little to no automatic rights - the only thing his name on the birth cert does is assumes paternity. If he hasn't got and has no interest in guardianship and access, you have the legal right to apply for a passport for your daughter as sole custodian and leave the country.

    You do need his consent to change her name by deed poll but you are free to start using your surname as hers and all her details other than her birth certificate will have your surname and her legal and legit name will be your surname.
    mattjack wrote: »
    Do you not need consent of the father to change by Deed Poll ?

    Yes. I was, possibly wrongly, assuming as he wanted nothing to do with his ex or child, that was unlikely to be an issue.


  • #10
    Taltos
    Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    OP - if you are seeking a way to remove your child from Ireland without interference then the best we can really suggest here is to seek legal advice.

    While he may be contributing nothing to her emotionally at a minimum he should be supporting her financial needs. Please don't just try to leave the state without making sure it is legal to do so as you will just open yourself up to a world of potential hurt.

    T


  • #11
    miec
    Registered Users, Registered Users 2 Posts: 856 ✭✭✭miec


    If he hasn't got and has no interest in guardianship and access, you have the legal right to apply for a passport for your daughter as sole custodian and leave the country.

    I am afraid the situation is a little more complex than the above in relation to getting a passport for your child.

    When I applied for a passport for my child I was required to get a signature by his Dad who had no contact with his child. As he did not sign the form I had to go through the family court to get a judge to sign on his behalf.

    Op if you are planning on getting a passport for your child this can take a number of months to process so I would start the ball rolling soon. Also you have to prove that you tried to get your ex to sign the passport form, a registered letter from a solicitor will suffice. The cost of getting a court to sign the passport form was not too expensive thankfully (well at least it wasn't twelve years ago). Once you have the signed document you produce that every time you renew your child's passport. Good luck.


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  • #12
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    miec wrote: »
    I am afraid the situation is a little more complex than the above in relation to getting a passport for your child.

    When I applied for a passport for my child I was required to get a signature by his Dad who had no contact with his child. As he did not sign the form I had to go through the family court to get a judge to sign on his behalf.

    The OP can sign an affidavit according to the info on the passport office site and in their info notes HERE


  • #13
    rebecca 30
    Closed Accounts Posts: 133 ✭✭rebecca 30


    to get this affidavit, you need to go to a Justice of the peace and swear that the father has no involvement , assess ,right ,etc and they will sign the affidavit , you have to send this with the child's passport app , it cost €10-€20 for them to do this ( in Galway anyhow )


  • #14
    hairyprincess
    Registered Users, Registered Users 2 Posts: 2,299 ✭✭✭hairyprincess


    A Commisioner of Peace is not allowed to charge for witnessing the signing of an affidavit. http://www.citizensinformation.ie/en/justice/civil_law/peace_commissioners.html

    Op, removing your childs fathers name is not going to make the slightest bit of difference in you moving on with your life. All it will serve to do is make your child feel bad to see a blank space where her fathers name should be, don't do that to her. Give her a name to look at, even is she has nothing else.


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