Birth cert father (but not husband) name issues

Catari Jaguar

Basically, my friend is pregnant. She's married (but has not been with her estranged husband for over 3 years) She and her boyfriend (birth father) want to have his (boyf's) name on the child's birth certificate.

The estranged husband is being very uncooperative and refuses to grant a separation or swear a statement stating that he is not the baby's father.

What forms/ paper work/ procedures will she need to get a court order naming the birth father as the father?

Does she need a solicitor?

RandolphEsq

Catari Jaguar wrote: »

Basically, my friend is pregnant. She's married (but has not been with her estranged husband for over 3 years) She and her boyfriend (birth father) want to have his (boyf's) name on the child's birth certificate.

The estranged husband is being very uncooperative and refuses to grant a separation or swear a statement stating that he is not the baby's father.

What forms/ paper work/ procedures will she need to get a court order naming the birth father as the father?

Does she need a solicitor?

Well the actual father, your friend's boyfriend, can get a paternity test to show that he is the father if there is an issue. It is her boyfriend's and her child, not the husband's so he can't say what name goes on the birth cert, only the parents can.

http://www.birthsdeathsmarriages.ie/

Catari Jaguar

RandolphEsq wrote: »

Well the actual father, your friend's boyfriend, can get a paternity test to show that he is the father if there is an issue. It is her boyfriend's and her child, not the husband's so he can't say what name goes on the birth cert, only the parents can.

http://www.birthsdeathsmarriages.ie/

Thanks for response.

No, they're both swearing that it's their kid. That's not the point. Paternity test not neccessary. In Ireland, if you are married to a man the state assumes it's his child. Good old Catholic Ireland.

She think's she needs a guardianship order or a declaration of parentage but isn't sure how to go about getting them.

username123

Catari Jaguar wrote: »

Thanks for response.

No, they're both swearing that it's their kid. That's not the point. Paternity test not neccessary. In Ireland, if you are married to a man the state assumes it's his child. Good old Catholic Ireland.

She think's she needs a guardianship order or a declaration of parentage but isn't sure how to go about getting them.

Yes you are right. Have her solicitor write to her husband asking for a meeting to arrange a child maintenance amount and watch him run to sign an affidavit that its not his child.

He cant play the 'father of a child in marriage' card unless he is willing to support the child.

wellieboot

http://www.groireland.ie/registering_a_birth.htm#Section%204:%20Registration%20of%20births%20to%20parents%20who%20are%20not%20married%20to%20each%20other:

MariMel

"Unmarried Parents
There are different options for registration, including the father's details, where the mother and father are not married. (The forms used are available from the Registrar's Office.) The options are as follows:
*
*
*
It is also possible to enter the father's details if the mother is married to someone else."

Above is a quote from the citizens information website. I took out all the other information as it was the last line which is particularly relevant to the poster.