Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps her Department is taking to ensure that the names of deceased fathers can be included on birth certificates in instances where the parents were unmarried prior to his death.

Under Section 55A of the Family Law Act 1986, in situations where a child is born to unmarried parents, and the father dies prior to the birth, a Declaration of Parentage must be issued by the court in order for the paternity to be established. Once a declaration is issued, the birth can be re-registered to include the father’s details.

We want to make the process as simple as is possible in these circumstances, whilst still ensuring the court has means to establish parentage if one parent is deceased and not able to convey their views. This is vitally important as, in some cases, this decision will have significant financial implications for others, such as children from previous relationships.