Birth Certificates. Help!

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laura_2525
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Birth Certificates. Help!

Post by laura_2525 » Sat Nov 09, 2013 8:48 am

All this information (or lack thereof) is just confusing me. If anyone can help it would be amazing, I am just doing some background research.

I have no plans of denying who bubs' father is (I'm due Monday, exciiiitiiiiing) to him at any point, in fact, I would love for him to grow up with that knowledge. However I am unsure of a few things.

What does it gain him if his name is on the birth certificate?

Can he change anything on it through court or any process without my permission if it is on there?

If his name is not on there are there any disadvantages/consequences now or later down the track?

I am really nervous of the months to come. I have to be strong to make sure I'm doing what's best for bubs but I just can't find much information for newborns who were born out of a non-defacto relationship. :x :x :x
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DS born on 15/11/2013

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Post by Bailey's Mum » Sat Nov 09, 2013 9:11 am

Could you ring Births, Deaths and Marriages in your capital city on Monday? I believe there are legal implications, but I'm not sure of details.
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s squirrel
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Re: Birth Certificates. Help!

Post by s squirrel » Sat Nov 09, 2013 9:25 am

laura_2525 wrote:All this information (or lack thereof) is just confusing me. If anyone can help it would be amazing, I am just doing some background research.

I have no plans of denying who bubs' father is (I'm due Monday, exciiiitiiiiing) to him at any point, in fact, I would love for him to grow up with that knowledge. However I am unsure of a few things.

What does it gain him if his name is on the birth certificate?

Can he change anything on it through court or any process without my permission if it is on there?

If his name is not on there are there any disadvantages/consequences now or later down the track?

I am really nervous of the months to come. I have to be strong to make sure I'm doing what's best for bubs but I just can't find much information for newborns who were born out of a non-defacto relationship. :x :x :x
Who is/are the him and his?
Do you mean what does it gain the father, or do you mean what will it gain your baby, with the fathers name being on their birth certificate?

If his name is on it, I'm reasonably sure that at least in Victoria, them the father has to sign it - to verify that it's all "true and accurate blah blah legal stuff"
If his name is on it, you can apply to get child support from him (don't know if that what you want?) because without his name on it, it can make it darn hard to obtain. If he doesn't sign it/his name isn't on it, then as I understand, you would have to go to court to seek an order to be able to claim child support and there are also issues with gaining benefits from centrelink- or you may receive a lesser amount that what you would be entitled to, with out a named father, other than in a donor sperm situation, for which there are other forms which the fertility clinic must sign.
What sort of relationship did you have/do you have with the father?
I hope it's an amicable one.
I wish you all the luck in the world, having a baby is a wonderful gift.
Let's us know how you are going!!
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If you can't fly, then run,
if you can't run, then walk,
if you can't walk, then crawl,
but whatever you do you have to keep moving
forward.... – MLK

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Yankee
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Post by Yankee » Sat Nov 09, 2013 10:00 am

No idea but wanted to wish you all the best with your birthing journey!
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fellare
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Post by fellare » Sat Nov 09, 2013 11:08 am

I'm pretty sure that if you know who the father is, you have to put in on there by law. Otherwise you are lying.

Your advantage is that the father than has to pay child support and this is important for centerlink as well.

Your childs advantage is that he/she is able to find out who his/her dad is, and build a relationship with him. This is really quite important for the childs well being

The dads advantage is that he can be part of his childs life and take responsibility if he wants.

however, he cannot force you to do anything. you'll have to develop a parenting plan. This does not mean the dad is allowed to have unsupervised access, it all depends on what you agree on. In general, courts will be on your side in the early years. But try and go through mediation if you can, courts are expensive.

Good luck for the birth, hope it goes smooth and easy for yoU!
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Post by pseudo » Sat Nov 09, 2013 5:29 pm

A friend of mine had two children in the 90s in Victoria. She knew who the fathers were but didn't put anything on the birth certificate. Neither father wanted anything to do with the children though :(.
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laura_2525
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Post by laura_2525 » Sat Nov 09, 2013 5:36 pm

thank you all...

s squirrell by him and his at that point I meant the father.

My fathers name is not on birth certificate yet he still paid child support, my understanding is that they need to sign a form acknowledging they're the father and if this is refused they must do a paternity test to disprove it. So it is still possible to receive child support when his name is not on the certificate.

I fully intend on acknowledging that he is bubs' father (I will call bubs A to avoid confusion), and I hope I can do this as well as my Mum, who gave me every oppurtunity to have a good relationship with my father. Our situations differ slightly however because A's father has some aspects of his life which I believe are unsafe for A, the father doesn't share this view. So to answer one of your questions the relationship at the moment is a little tense, but to A I intend on being the definition of neutral from the beginning! So if by putting his name on the birth certificate it would allow him to change the name of A, take A out of the country or anything like that without my knowledge/permission I would be hesitant. But since it doesn't (as far as I can tell) I am thinking I shall put it on.

Thank you all for your well wishes. I am looking forward to it. The waiting game is getting very tedious at the moment! :P
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DS born on 15/11/2013

pseudo
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Post by pseudo » Sat Nov 09, 2013 6:15 pm

Sounds like you've got a really good head on your shoulders!

Can't wait to hear your birth announcement!
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fellare
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Post by fellare » Sat Nov 09, 2013 6:23 pm

he can never take your child out of the country legally, without your consent. Even married people can get into trouble for that. If he does take your child, the government will bring A back. International law protecting child abduction.

he won't be able to change a name without permission of both parents on the certificate.

thing is, that goes the other way around too, but if you can make agreements on that in a parenting plan. You can also sort it out through the courts. A's dad can't stop you from having a holiday, for example, the court would over rule that in a flash.

You also got quite a few months to actually sign the certificate, so don't stress about it right now, it's not that important right now. Get ready for the birth and the baby moon! it's exciting times :D
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Post by Penguin » Mon Nov 11, 2013 9:06 am

Are you due today? Good luck!
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Post by CD » Mon Nov 11, 2013 11:02 pm

If you put his name on the birth certificate, you can't apply for a passport for bubs without the fathers signature or if he won't sign, then taking it to court. Same goes for the father. Same with changing the name. Also, if his name's not on the birth certificate, he most likely would have to take you to court to get access if you didn't allow him access and would most likely have to get a DNA test first which could take a while to be sorted out.

Do you think he is likely to agree to whatever custody/visitation arrangements you would want or will he disagree?

With his name on the birth certificate, until you have Court approved Orders in place, either you or the father could run off with the baby and the police can't do anything to get the baby back. There would have to be a court hearing before anything could be done.

I would advise having a chat to a family law solicitor or legal aid just to make sure you are aware of everything you need to know.
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CD
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Post by CD » Mon Nov 11, 2013 11:05 pm

You can do telephone appointments with legal aid but make sure you ask for a family law solicitor. You also don't have to submit the birth certificate paperwork immediately.
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Post by CD » Mon Nov 11, 2013 11:25 pm

There are a whole lot of things to think about where he could have a say in the decision.

He may want input into which school she goes to, medical decisions, copies of school reports etc.
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laura_2525
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Post by laura_2525 » Tue Nov 12, 2013 8:46 pm

Once again thank you all, everything is so useful.

Yes Penguin I was due on the 11th, unfortunately bubs is liking my belly and so he is in there a little longer. Had an appt today and he is looking well though! Wouldn't stay still for the ob to get his measurements haha.

CD: It is very likely there will be some conflict however because of some aspects of his life/habits I am not sure if he would actually take me to court, or if he is just saying it. He has a cot and everything for bubs already, even though I am planning on breastfeeding. That and a few other things are indicating that he won't make this the easiest of times. So I am trying to be prepared for that and know my options. So long as bubs is safe, happy and healthy I can do anything :D.

I talked to a family lawyer before posting this and she said that she recommended giving him the option of signing the certificate which wasn't really a definite either way. And she gave little info on the implications either way so I decided to get some more info. **looks around spy style**

Thanks all once again!
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DS born on 15/11/2013

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