Unmarried father question

eviltwin

Can anyone help answer this please?

If an unmarried father has never become legal guardian of his child and that child then turns 18, is the father considered the legal next of kin?

Sclosages

Eh, no.

eviltwin

Sclosages wrote: »

Eh, no.

Okay so how does an adult child go about getting his father recognised as his legal next of kin?

Sclosages

eviltwin wrote: »

Okay so how does an adult child go about getting his father recognised as his legal next of kin?

I suspect it would involve a DNA test. Is the mother dead?

eviltwin

Sclosages wrote: »

I suspect it would involve a DNA test. Is the mother dead?

No still alive. The father is in the child's life and has been since birth, parents just never married. The child has recently turned 18 and the question of what would happen if his mother passed away came up.

Sclosages

It's actually a really interesting question.
I used to think that I could 'pick' a next of kin. However, legally, it seems to be either your mother or father (if they were married). Don't know who it falls to if both are dead for example.
Your spouse would be your next of kin I think, if you're married?
Curious to know more!

Sclosages

http://www.blogs.findlaw.co.uk/solicitor/2011/07/family-law-what-is-meant-by-next-of-kin.html

Sclosages

The above link seems to contradict me totally!

Sclosages

I've been admitted to hospital in Ireland and they have a 'next of kin' (I was told this had to be either my mother or father) and then they have a 'who to contact' where I could list my partner's details.

eviltwin

Its a funny one alright. It was just something that came up around the dinner table. His parents are together since he was born and he just assumed once he turned 18 he could decide for himself who his next of kin are. Both his maternal grandparents are dead and he has no siblings so we've no idea who his next of kin would be in the event of something happening to his mum.

Sclosages

Legally, it would affect me personally, if for example the wishes of my parents were taken above those of my partner. For e.g. my partner knows that I would like to donate any organs and also that I would not like to be kept in a vegitative state. My parents would not be aware of those wishes.

Pixie Chief

It was also my understanding that your parents were your legal next of kin until you married, when spouse took over? I can't imagine it any other way!

234

Pixie Chief wrote: »

It was also my understanding that your parents were your legal next of kin until you married, when spouse took over? I can't imagine it any other way!

There is no legal concept of next of kin. It's just a phrase people use. If you are asked to put it down on a form you can use whoever you want.

The closest thing you get to the idea of next of kin would be the order of succession to intestate estates.

huskerdu

234 wrote: »

There is no legal concept of next of kin. It's just a phrase people use. If you are asked to put it down on a form you can use whoever you want.

The closest thing you get to the idea of next of kin would be the order of succession to intestate estates.

Really ? Is that true.

What about a situation where you are very sick in hospital and decisions need to be made for you. I was always let to believe that in this case, your legal next of kin with the right to make decisions are your parents, unless you are married, in which case it is your spouse ( not sure about if you have no spouse but adult children).

I was told, by a lawyer, that my unmarried partner would not have a legal say in what happened to me and my parents would decide, regardless of his views.

If this incorrect ?

Yearning4Stormy

huskerdu wrote: »

Really ? Is that true.

I researched this a couple of years ago when a friend asked me if they could put down me as their next-of-kin (rather than their spouse) to facilitate a release from hospital (into my care, not their spouse's).

Though unrelated (in the sense that the article is about "Advance Care Directives"), this jumped out at me:

"Next of kin are (in order) spouses, children, parents, siblings. Partners have no legal status and may experience difficulties in seeing patients if family members object. This is the case whether you are in a heterosexual or a homosexual relationship."

From here: http://www.citizensinformation.ie/en/health/legal_matters_and_health/advance_care_directives.html

The section in bold above may answer the OP's original question (though I'm still unconvinced as to any recognised legality of NOK in the ROI).

<offtopic>The section in italics above was (thankfully) never put to the test, though it's a sad indictment of our legal system when there is domestic abuse involved, but that's a topic for another thread.</offtopic>

234

huskerdu wrote: »

Really ? Is that true.

What about a situation where you are very sick in hospital and decisions need to be made for you. I was always let to believe that in this case, your legal next of kin with the right to make decisions are your parents, unless you are married, in which case it is your spouse ( not sure about if you have no spouse but adult children).

I was told, by a lawyer, that my unmarried partner would not have a legal say in what happened to me and my parents would decide, regardless of his views.

If this incorrect ?

Nobody, unless you have given them prior legal authority, can determine what medical treatment you should receive if you are not in a position to tell your doctors yourself. Doctors will often consult with interested parties but ultimately, they have the final say in your treatment (Link).

Just think about the recent coverage of the brain-dead pregnant woman. Her family's wishes were disregarded by her doctors on their (dodgy) interpretation of that the constitution required. There was no court order in place telling them that they had to keep her alive, it was a treatment decision that they made in direct opposition to her family's wishes.

braddun

you might not be the father get dna test

at 18 there will no lega guardian


are you on the birth cert

have you paid child support