michell

Hi all
just had a look for a bit of info in search but couldnt find a thread with the answers i am hoping some of you may be able to help me with,
My son is 10 yrs old and i have not seen the father since before he was born, he has no name under father on his birth certficate but i stupidly had my x's surname on the end of my sons name, funny enough they did advise me at the time not to but stupidly i didnt listen. anyways i had my sons name changed to my husbands when we got married, i did this through a solicitor and have the proof of name change from that date, now i didnt have his birth certificate changed and i have phoned the registration office where i registered him and asked if i could re-register him and have my husband as father on the re-registered certificate now, they said i need to write a letter stipulating what i want done and they will write back to me telling me if i can do this,and then make a appointment if i need to. now i did explain i need to hurry up as we need to get my son a new passport and i want to have this under his name he has had for 8 yrs now as his original one is in my x's surname,

are you still with me ??
right i thought i could have a stat dec done bya solicitor to the effect that my son has no knowledge and i have not seen x in 10yrs is this right,

the problem i think i have is my sons old passport is in his old name, i hadnt changed his name at the time i had this done,i need to get him a new passport in his new name but his birth certificate is in his old name , does anone know if i can have him re-registerd with his new name, ?
and can i have my husbands name put on his birth certificate

if i can have his new name, but not my husband put down as father then so be it but at least it gives me something that i can use for passport and immigration purposes.

also which do i get done first re-registered or stat dec?

i am sorry for the long winded post and am sorry if i have confused anyone, but i need a few answers and soon as we going on a 457 sponsor visa


kind regards
michell

Janna and Nick

Hi Michell,

I'm not sure to be honest! There are also issues like getting your x's permission to take your son out of the country. It would probably be best to speak to an immigration agent.... They are well versed in this kind of thing.

Best of luck. I hope it all works out for you!

gina and danny

as long as you werent married to your childs biological father at the time of registering his birth and as long as he was born before decmber 2003 you do not have to have his permission for anything as the uk law sees it that you have complete parental responsibility
a solicitor will write you a stat dec for that , i know i have just had one done myself,
as for the passport send off for a new one attach the change of name deed pole to the application and your new passport will be in the name of that on the deedpole had my sons done a few years ago,
as for changing names on the actual birth certificate that can not be done and is against the law you just have to make sure that you keep the deed pole with the birth certificate,

hope this helps.

good luck.

steveandtina

sticky one, as you have to go by Ozzie law when it comes to matters like this (well we had too). Are you still in contact with his real father? If so He could do a stat dec saying you can take your son to Oz, he will need to include a copy (certified if you can) of something with his (the fathers) signature on.

As for changing your son's birth cert I don't think this can be done. But if you have the change of name deed poll your won't need to change it.

If you are not in contact with the father and there is no way you can make contact you may well need some advice from a agent.

if you can make contact thins will be the cheapest option.

Good luck x

lainey70

I have a stat dec from a solicitor stating I have parental responsiblity for my son, not in touch with 'natural father' has my maiden name on birth certificate but does have father on it,etc but been told by my agent for I still need his consent for Aussie law.even though I paid an arm and a leg for it!#
I'm hoping I can find a template to use to give to 'natural father' to sign giving permission when I get hold of him....? as I dont really want to go and get one done and pay using the other arm and leg!
I dont think you can change a birth certificate, the only time was if you had your baby and put he/she in your maiden name when born then married the babies father within a year.
My daughther is in her father's name on birth certificate but uses my maiden name. She can change by depole but has been told that on her birth certificate she can have a note stating she uses mother's maiden name. not sure 100% on this as we never went through with it in the end, She uses my maiden name on everything including bank, apart from passport and driving licence, as long as you are not trying to defraud anybody it is legal.
I think you might run into a bit of trouble trying to explain surnames for your son
good luck
hope it all goes well.x

michell

Hi all
thank you for your replies, I was never married to my X, we was only together a few mths but when i found out i was pregnant he didnt want to know and buggered off, not a problem for me really as i know he was a wrongen by then if you know what i mean, i have spoken to a solicitor today and he has said all i need to do is a stat dec, which i put my history of what happened, when i got married etc and that my husband has been supporting and bringing up my son as his own, as for the passport he says all i need to do is send or take in the stat dec the document i have when i changed his name when he was 2 and his original birth certificate . i have know way of finding m X, i have no idea if he is even alive and my son was born in 1998 and i have had full parental responsibility since his birth, so the solicitor says this is why a sta dec can be done as, if i really wanted to i could say tom dick or harry was my sons dad as there is no proof etc of who it is!

kid regards
michell

steveandtina

Parental responsibility is very different in Oz then it is in the UK and for the visa you will have to go by Oz law not the Uk.

I hope a agent comes by soon to help you.

michell

Hi, thanks for your response, i understand what you have said and will speak to my agent that has been appointed to us by the company, my solicitor did say that because there has been no contact since before my son was born then the stat dec should suffice in any country, as he said on his birth certificate it has under father __________, that is what is on it, the do not put father unknown, they just put a line through it .

kind regards
michell