Parents who get married or enter into a civil partnership after their child is born are legally required to re-register the birth.
This is the case even if the father is already on the child’s birth certificate, according to The Legitimacy Act, section 9. But this little-known law has caused some confusion with many seeming to be unaware the legislation even exists, while others have been reportedly told about it, but told it is unnecessary, Liverpool Echo reports.
A link to the government's LA1 form for people to re-register has been shared among Facebook groups, with some parents questioning whether they need to take any action. The MEN spoke to a solicitor to get her to explain the law for parents.
She described how the legislation relates to a time when illegitimate children could not inherit from their parents, but as it's now outdated it's unlikely parents will be fined for not re-registering their child's birth.
READ MORE: Nottingham couple's anger over Bensons for Beds 'shambles' amid 7 month wait for order
Katharine Marshall, associate solicitor at WHN Solicitors, said: “When people who already have children together get married, under the Legitimacy Act 1976 parents must re-register the birth of their children, regardless of whether the natural father was included on the child’s birth certificate at the time of original registration. You need to do this through a form LA1.
“The re-registration is not to grant the father parental responsibility - he’d already have this as an unmarried father, provided he was included on the original birth certificate - but for the child to be recognised as a ‘child of the marriage’.
"The Legitimacy Act 1976 stems from days when the legitimacy of a child would impact inheritance, but this no longer applies, provided there’s proof they’re a child of the parent - yet the Legitimacy Act 1976 remains."
It is possible for parents to face a small fine for not filling in the form, but Katharine says she's never heard of any such scenario.
She said: "Failure to re-register may incur a nominal £2 fine, but I’m yet to come across any parent who has been charged. I’m sure there’s a huge number of families who have no idea this requirement even exists."
READ MORE:
First person to buy home on Nottingham's oldest council estate says it's 'very pleasant'
Mum shares fightback after collapsing with intense pain that hit like a 'thunderbolt'
Neighbours have 'no problem' with 360 more homes being added to Nottinghamshire development
Growing crisis facing Nottinghamshire rental market with landlords selling and rents going up
Punters warn using cafes and pubs as warm spaces 'inevitable
