Bereaved Parents: Birth Certificates

Sarah Sackman Excerpts

Tuesday 4th February 2025 Commons Chamber

[The Minister of State, Ministry of Justice (Sarah Sackman)]

I thank the hon. Member for South Devon (Caroline Voaden) for securing this debate on an important and emotive subject. I start by saying how sorry I am for the loss that she and her family suffered, and how much I admire her resilience in coming to this House to share her story. That takes a huge amount of courage.

The circumstances in which the hon. Lady and others have lost co-parents are heartbreaking indeed. The Government are determined to ensure that the justice system is better able to support children and families, and particularly mothers who have lost the father of their child.

The hon. Lady helpfully outlined the current process for registering a parent’s name on a birth certificate when that parent has passed away, but it is important to set out precisely how this works. Under section 55A of the Family Law Act 1986, in situations where a child is born to unmarried parents and the father is deceased prior to birth, a declaration of parentage must be issued by the court for paternity to be established. It is right that a fee is attached to this application, but it is important to say that there are mechanisms in place to support those who cannot afford the fee.

The help with fees scheme considers a range of factors, including an applicant’s income, their savings and whether they receive any benefits, so that the fee can be waived in certain circumstances. Once a declaration is issued, the birth can then be re-registered to include the father’s details or, to put it another way and as we have heard, to fill in that blank space.

To recognise the challenges that mothers face when seeking a declaration of parentage, a key intention of the provisions in family proceedings is to make the process as simple as possible in the most difficult of circumstances, while at the same time ensuring that the court has the means to establish parentage if one parent is deceased and is not, of course, able to convey their views themselves.

That process, while we have to emphasise simplicity and ease for those going through the toughest of circumstances, is an important one. It is important because in some cases the process can bear on significant financial implications for others, such as children from previous relationships, and can bear on issues such as nationality and others that touch on the best interests of the child. While ensuring the process is clear and simple to support bereaved parents, the courts must therefore have a process that instils confidence in the important details that a birth certificate contains.

[Jen Craft (Thurrock) (Lab)]

I want to add my congratulations to the hon. Member for South Devon (Caroline Voaden) on securing this incredibly important debate.

The Minister has spoken well on the process involved. If a couple are married when the father dies while the woman is pregnant, it is a relatively simple process to register that person as the father of the child. It is a much more complicated matter for people where the couple are not married. I suggest, and I hope my hon. Friend agrees, that legislation might not have kept pace with societal change and with the reality of how couples now choose to live when they plan families.

--- Later in debate ---

[Sarah Sackman]

My hon. Friend is right to reflect on the growing number of couples in this country who cohabit and for whom marriage is not something they have chosen. It is right, too, that in general the law keeps up, to reflect that sort of societal change. I will come in due course to discuss more widely what the Government are doing in that space. I return, however, to the essential point that while clarity, simplicity and affordability are important in the registration process, particularly to support bereaved parents, we must have a process that instils confidence in what the birth certificate contains.

I thank the hon. Member for South Devon for drawing attention to Widowed and Young’s campaign. As she rightly points out, it does some absolutely amazing work, particularly for those younger people who have tragically lost a spouse or life partner. I can reassure the hon. Member now that the Government take the matter incredibly seriously and we are working hard to improve the family justice system for children and families.

Widowed and Young advocates for a simplified court process. We know that delays in the court process add to the distress when someone is going through bereavement. That can have a significant impact on children and families. We are committed to improving timeliness and reducing the outstanding caseload in the family court. That is why we have set ambitious targets for reducing delays in 2024-25 and have focused on closing the longest-running cases, not least so that can free up court time to deal with precisely the sorts of processes to which the hon. Member draws attention.

To further support those who use the family court, we are committed to improving digital solutions to support families with exploring various options for resolving child arrangement disputes early and away from court whenever possible. That is an area where digital solutions can be brought to bear on the sorts of issues that have been raised today. The Ministry of Justice is working on testing and developing various digital innovations that aim to support users in the private family justice system to help those families find the right information at the right time for them to reach agreements where that is appropriate, and particularly in the sorts of processes and proceedings under focus, which in the vast majority of cases are entirely non-contentious.

Let me turn to the wider issue of cohabitation reform. The subject that the hon. Member for South Devon raises and that others have raised today speak to the broader issues for cohabiting couples in our society who, under existing law, have only limited financial protections compared with those who are married or in a civil partnership. I know that a number of colleagues across the House have written to my Department about this, and my noble friend Lord Ponsonby was pleased to attend a parliamentary roundtable to discuss it last November.

We know that the limited rights and protections available to cohabitants can affect the most vulnerable in our society who are often affected at the most difficult stages in life, such as when a partner dies, or at the point of separation. We know, too, that those limited rights and protections disproportionately affect women, including victims of domestic and economic abuse, as well as their children. With the number of cohabiting couples in the UK having more than doubled over the past 30 years, it is important, as others have said, that law reflects the society in which we now live. That indeed is why the Government set out in our manifesto a commitment to strengthen the rights and protections available to women in cohabiting couples. We will be setting out the next steps on this manifesto commitment—how we intend to implement it—as soon as possible.

The issue raised by the hon. Member for South Devon speaks directly to those challenges that sometimes face parents who are unmarried. I would like to thank her once again for securing this important debate and pay tribute to her bravery in coming forward to talk about it. I hope that this is the start of a conversation. I hope that she and I can discuss in more depth very soon the sorts of changes that might be necessary to better protect people in law, and I look forward to working with her to that end.

While I am on my feet, let me also pay tribute to my hon. Friend the Member for Birmingham Northfield (Laurence Turner) for the related issue that he raises and let me extend my personal condolences to the family involved. They have been through one of the worst things imaginable in my view. Certainly, processes of administration—of registration—should not be designed to exacerbate that. If he will write to me with that particular case, I would be happy to take a look at it, and I look forward to working with him on how we can address and mitigate the distress of parents of children who die in childbirth.

Once again, let me thank the hon. Member for South Devon for securing this important debate. I look forward to working with her on how we can ameliorate the situation for those for whom she is campaigning.

Question put and agreed to.