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Daily Mirror
Daily Mirror
Business
Emma Gill

Parents who get married after having children are confused over little-known law

There is a little-known law that parents who marry after having children have to re-register their births - and it's causing no end of confusion.

According to the law, if parents have children then get married, they need to fill in a special LA1 form to show that the child is theirs.

It doesn't matter if the natural father is already on a child's birth certificate.

It all dates back to the Legitimacy Act 1976 - which is meant to protect a child's inheritance rights.

Many parents are unaware the legislation even exists, while others that do know about it have been told it is unnecessary.

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.

A law dating back to 1976 lays out what happens to children after you marry (Getty Images/iStockphoto)

A lawyer has described how the legislation relates to a time when illegitimate children could not inherit from their parents.

But as that is now an outdated concept it's unlikely parents will be fined for not re-registering their child's birth.

Katharine Marshall, associate solicitor at WHN Solicitors, told the Manchester Evening News : “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 an LA1 form.

“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 this happening.

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."

Yesterday The Mirror reported that Tory plans to slash costs for parents by creating French-style childminder agencies have been branded "simply laughable " by early years chiefs.

Liz Truss is eyeing an overhaul of the childcare system to get more parents back to work as part of her plans to kickstart economic growth.

The Prime Minister is said to be pushing for the agency model, which she came up with when she was Children's Minister, which can act as a one stop shop for childminders to register, train and get help finding a job.

Rules forcing childminders to be subject to individual Ofsted inspections could also be axed, with regulation focusing on the agencies instead, according to the Telegraph.

But the Early Years Alliance said the idea that agencies could solve issues facing the sector was "simply laughable" and cautioned against "reform on the cheap".

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