Tuesday, June 03, 2008

Joint Birth Registration

I've been reading the article in The Times today (hat tip: Current Awareness) about the proposed new scheme to require the naming of fathers on birth certificates, where the parents are not married (the White Paper can be found here, in pdf format). I broadly welcome the idea (why should a father not get parental responsibility automatically?), but it seems to me that there are some problems with it.

Firstly, as the article points out, there is nothing that the proposed new law can do if the mother does not want to identify the father and the father does not want to be named, so there will still be a (hopefully smaller) number of children where only the mother is named. Don't those children have a right to know who their father is?

The second problem is where the mother names the father and the registrar is then expected to "pursue him until he signs". Just how is the registrar supposed to do this? What can the registrar do other than write to the alleged father? Obviously, many such fathers will simply ignore letters, leaving it to the mother to make an application to the court or, more likely, the Child Support Agency, as at present.

Finally, there must be many cases where the mother does not name the father and the father simply does not know that he is the father. I can't see that the proposals offer much to him. Sure, the mother will be asked to identify the father by the registrar, but it will be easy enough for her to say that she does not know the father's identity.

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