Bereaved Parents: Birth Certificates

Caroline Voaden Excerpts

Tuesday 4th February 2025 Commons Chamber

[Caroline Voaden (South Devon) (LD)]

Twenty-two years ago, I became part of a club that no one wants to join: the young widows club. My husband Nick died of oesophageal cancer, and I was left with an 18-month-old baby and a toddler. Over the course of the next couple of years, I met dozens of young widows, including Beth, whose husband Simon had died of bowel cancer just two days before their beautiful baby daughter Elsa was born. Beth and I navigated this strange and unwelcome new reality together, spending time with our three little girls, who were all too young to understand the awfulness of what had happened.

Beth was part of an even smaller, even more unlucky club than me: the one where you have to give birth alone, to a baby you have longed for, while at the same time grieving for the partner you have lost and the future you will never share. For many of those tragically unlucky women, it gets even worse. Every year in the UK, around 200 young bereaved women are drawn into a ridiculous, unnecessary and costly legal battle to have their baby’s father’s name registered on the birth certificate. Incredibly, in 2025, if a woman is pregnant when their partner dies but they are not married, the law says that they cannot automatically name the father on the birth certificate. If ever there was a case of adding insult to injury, that has to be it.

The law seems to think that if a woman is legally married, there is no question but that her baby is her husband’s. But if she has been living in a committed relationship, perhaps for years on end, the fact that she does not have a ring on her finger means that the paternity of her child is in question. Having been through the unimaginable experience of losing her partner while carrying his child, and then giving birth alone, she is then expected to enter into a legal process to prove that he was indeed the father, so that the child does not grow up with a blank space on their birth certificate. This is out of date, out of touch and, frankly, quite traumatic for all those involved. Women have described it as demeaning, insulting and overwhelming.

The reality is that more and more couples are choosing to live together without getting married. In 2022, the number of children born outside marriage in the UK surpassed the number of babies born to parents who were married or in a civil partnership for the first time since records began in 1845, according to figures from the Office for National Statistics. It is high time the law was updated to remove this anachronistic insult to unmarried mothers.

Not long after I was widowed, I became involved with a brilliant organisation called WAY—Widowed and Young. It is where I met Beth and made many other lifelong friends. WAY has been running the Blank Space campaign to try to change this out-of-date law, which penalises people for not being married. I commend WAY for its campaigning and am proud to bring this issue before the Minister so that the anomaly can be addressed. The women I will talk about are all members of WAY, and I thank them for sharing their stories.

Nicola and her partner Stewart had been through a successful in vitro fertilisation journey, which was needed because he had had testicular cancer 10 years earlier. Six weeks after a positive pregnancy test, they found out that Stewart’s cancer had returned, and he died seven months into Nicola’s pregnancy, so he never got the chance to meet the son he had so desperately fought for. Nicola booked an appointment with the registrar, knowing that she would be going alone, but she took as much paperwork as possible to show that Stewart was the father. She had a range of hospital documents signed by him, which not only proved that he was the father but detailed his documented wishes for their embryos if he were to die. However, the registrar explained to Nicola that because she and Stewart were not married, he had to be physically present to be named on the birth certificate. Her evidence did not count, and she was sent away with a birth certificate that had a blank space where Stewart’s name should have been. Nicola says:

“We had made this baby together, literally and scientifically, and for him not to be recognised at all was devastating.”

It took a year and over £1,000 to get to court. Stewart’s father went along to attend the hearing with Nicola, and it took just a few minutes for the court to discuss and approve the change, and to add Stewart’s name to the birth certificate. It was almost as if the court could not believe that she had had to go through the process in the first place. Given the overwhelming evidence and the support of blood relatives, it was the obvious decision. She says:

“To have to go through this whilst bringing up a newborn on my own and grieving was utterly humiliating and exhausting.”

I can attest to the fact that no young widow who is learning to be a mum and grieving at the same time should ever have to fight to have their partner listed on a birth certificate, and many of them cannot afford to do so, even if they wanted to.

Paula was 18 weeks pregnant when her partner was killed while cycling to work. Despite having his DNA and a proven 99.9% match, it took three and a half years for her to get a birth certificate with his name on it, and the process cost nearly £3,000.

Eleanor’s partner Robin was killed in a road traffic accident 18 days before his baby daughter was born. Eleanor says:

“If you haven’t been through this situation, you may not understand how demeaning this rule is. It made me feel like I wasn’t to be trusted, as if an unmarried woman has no rights or voice. My partner and I lived together and planned to have a child—we just weren’t married. It wasn’t a one-night stand, and simple tax records would have proven that. While I shouldn’t have had to prove anything beyond my word, I would have willingly provided documentation and statements from both our families to confirm our relationship.”

In the end, the complexity and expense of having to fight the system proved too much for Eleanor, so her daughter’s birth certificate was never changed and the blank space remains.

These examples show just how difficult and cruel this situation is, and they also show that the process can be very different depending on where a woman lives, which court she applies to, and who hears the application. Like so many other things, it can become a bit of a postcode lottery.

Under UK law, a birth needs to be registered within 42 days. If the parents are unmarried, they both have to be present to be named on the birth certificate—one parent cannot add the other. If a parent has died, the surviving parent can amend the birth certificate at a future date to include the deceased parent’s name, but they have to apply first to the family court for a declaration of parentage. This involves a form and a court fee of £365, and the court application takes three to four months to be processed. Then, at an initial court hearing, a senior family judge will consider the application. Many judges have never come across this process, and I have read stories of young widows not only having to go through the process themselves, but having to explain it to judges and court administrators while doing so.

There may be a second hearing some months later, and in between there will be requests for DNA, evidence and witness statements. If the court approves, it will issue a document confirming that the deceased person was the child’s parent, and it then makes a declaration at a court hearing. This will then be sent to the registrar of births, deaths and marriages, and it can then take several more weeks for the re-registering of the birth to be completed.

I am sure I do not need to tell Members that this is a tortuous process—one of those bits of bureaucracy that seems ridiculous when we spell out the whole process, as I have done here. At the best of times it would be frustrating and slow. At the worst of times, it can simply be too much to cope with. The paperwork of death is long, frustrating and sometimes complicated. I remember being told by one organisation that it had to have written confirmation from my husband to close an account, even though I had written to it to say that he had died. I would like to think that things have moved on in the last 23 years, but we seem to have created a system that overcomplicates everything.

Clearly, it would not be right for someone to be able to put someone else’s name down on a birth certificate as the father without reasonable proof; what WAY is campaigning for is a way to resolve this issue so that women whose partners have died during pregnancy can follow a clear and simple process to register their partner on their child’s birth certificate. It should not cost thousands of pounds, and it should not be so complicated that some women just give up through frustration.

In Switzerland, France and Germany, unmarried fathers can declare their parentage early in the pregnancy to protect their rights. We have parental responsibility agreements here for unmarried fathers, so perhaps one answer would be to bring that forward into pregnancy so that if the worst, most unimaginable tragedy happened during pregnancy, there would be one less thing for newly widowed mums to have to worry about. Doctors could make a record of who the father is when the pregnancy is first entered into medical records, and this could be used as a legal document. Advice could be given at antenatal appointments, bringing people’s attention to the issues that can arise for parents who are not married, so that they could be more aware. The executor could be called in as a witness to confirm paternity. There are ways around this if we are creative and clever. In honour of Nicola, Paula, Elanor and their children, I look forward to hearing how the Minister will take this dilemma forward and hopefully find an answer.

When you are widowed young, you lose so much. You lose the partner you love, you lose the life you had built together and you lose the future you had planned. Your children lose their father—or sometimes their mother—their family is never the same again, and their lives will be shaped in many ways by the loss, however young they are when it happened. Being widowed when pregnant is all this and more. The trauma of birthing and grieving at the same time runs deep and lasts a lifetime. I really hope that the Government will move swiftly to make some changes so that one tiny little bit of this awful journey is made easier for those who have to navigate it.