Rosemary Bennett, Social Affairs Correspondent
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All fathers will be required to sign their baby’s birth certificate under a change in the law designed to ensure that both parents are involved in a child’s life.
The law will give birth registrars powers to pursue reluctant fathers who do not want to be named. It will also prevent mothers from keeping the name of the father off the birth certificate because a relationship has broken up acrimoniously.
The responsibility to register a baby’s birth presently lies entirely with the mother. No questions are asked if she chooses to leave the “father” section blank on the certificate.
The new law, to form part of the Welfare Reform Bill in the autumn, applies to unmarried couples. When a couple are married, the names of both parents are automatically entered on the birth certificate. About 50,000 babies each year, or 7 per cent of the total, are “sole-registered” with only their mother’s name on the certificate.
Ministers said that the move would put parental responsibility centre stage. James Purnell, the Work and Pensions Secretary, said: “Registering a child’s birth isn’t just a legal requirement, it’s a lifetime commitment by both parents to safeguard their child's development, health and welfare, and provide them with direction and guidance throughout childhood.”
Under the new scheme, if a mother attempts to register the birth in her name alone, she will be asked by the registrar to name the father. If she wants him to be named and provides details of his whereabouts or workplace, the registrar will be obliged to pursue him until he signs. The father will be able to register by post and not be obliged to turn up in person — another significant change.
If the father disputes paternity, he can take a DNA test. He will also face a fine for non-cooperation if he fails to fulfil the new requirement to register.
If the father wants to be named and the mother opposes the move, he can contact the registrar and ask to sign, taking a paternity test if necessary. At present fathers in this position have to go to court to secure the powers of “parental responsibility”, then apply to re-register the birth.
But there is little that the proposed new law can do if the mother does not want to identify the father and he does not want to be named. Government sources said yesterday that they would not be expecting registrars to “do the impossible”. Registrars will be allowed to use their judgment and allow sole registrations if getting both parents’ names would be “impossible, impractical or unreasonable”. That would cover cases where the father’s identify is unknown or the woman is a victim of abuse.
The proposals, set out yesterday in a White Paper, will also establish pilot projects to allow birth registration to take place in hospitals immediately after the birth and in community centres. Parents presently have to go to their local town hall by appointment to get their child’s birth certificate.
Fathers’ organisations welcomed the announcement. Charles Kenyon, chairman of Families Need Fathers, said the move would ensure that fathers had parental responsibility in law and a right to be consulted about major decisions in their child’s life.
Duncan Fisher, the chief executive of the Fatherhood Institute, called it “a significant step” and predicted that the number of sole registrations would fall significantly.
In Australia, which has a similar system, only 3 per cent of births are sole registered.
Campaigners for single mothers called the move clumsy. Fiona Weir, the chief executive of One Parent Families, said: “We are keen to see both parents encouraged to fulfil their responsibilities, but legislation requiring a father to be named on the birth certificate is not the way to achieve this.”
Unison, which represents most registrars, said it was concerned that its members would not have the resources to fulfil their new responsibilities.
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