Removing incorrect fathers from birth certificates

Every child, when born, is registered and their birth is recorded in a birth certificate. The birth certificate is an official document governed by the Births and Deaths RegistrationAct 1953, which sets out the legal framework for the registration of births and deaths. As part of that registration, the child’s legal parentage is also recorded.

Parental Responsibility

Section 2 of the Children Act 1989 establishes who has parental responsibility for a child and how this may be acquired, whilst Section 3 of the Act defines parental responsibility as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ [1]

The child’s biological mother automatically acquires parental responsibility at birth and will be named on the birth certificate. The biological father will have parental responsibility if he is married to the mother at the time of the child’s birth or acquires it in accordance with the law, including by being named on the birth certificate at the time of registration.

It is important to understand that parental responsibility does not automatically end simply because a man later discovers that he is not the child’s biological father. If he is named on the birth certificate, his parental responsibility continues unless and until formal legal steps are taken. This may involve a written agreement with the mother or an order of the court.

This issue has recently been considered in the cases of Re J, Re M, Re P (Loss of Parental Responsibility) [2026] EWCA Civ 344, where Judge & Priestley represented one of the appellants in Re P. In these cases, the Court of Appeal clarified how the courts should approach applications to remove parental responsibility from non‑biological fathers. While the court emphasised the importance of biological parentage when assessing a father’s legal status, it confirmed that each case must be considered carefully and that parental responsibility will not be removed automatically.

Adding or removing a father from the Birth Certificate

Mistakes on birth certificates do happen. Sometimes a father is named because of a misunderstanding, sometimes because the true paternity was unclear at the time, and in some cases because the information later turns out to be wrong.

When this happens, the consequences can be serious – not just emotionally, but legally too. Being named on a birth certificate carries parental responsibility, which affects decisions about a child’s education, healthcare and upbringing. The family court recently looked at this issue in KL v BA [2025] EWHC 102, where a man had been incorrectly named as a child’s father. The case highlights how a simple registration error can create years of uncertainty around parental responsibility and legal parenthood.

Corrections to a birth certificate can be made where it is proven that the information recorded is incorrect. [2]

A father may be removed where it is proven that he is not the child’s biological father, and such evidence may include a DNA test or court order. Sometimes however, a DNA testing cannot give you all the answers on this subject, as it happened in Re P.

If it can be proven that the information on a birth certificate is wrong, though, or if there is a court order as to the paternity or non paternity of a child, an application to the General Register Office can be made to correct it.

In the event that an application must be made to the General Register Office supported with evidence, the original entry of the father on the birth certificate would not be removed entirely, but instead a correction note would be added. However, in cases where the biological father is to be added, the birth must be re-registered.

If paternity is disputed and there is no agreement between the parties, then either party can make an application to the court under Section 55A of the Family Law Act 1986.

Conclusion

When seeking to remove a person named as the father from the birth certificate, careful consideration must be given to the DNA evidence and the potential impact on the parental responsibility of the child.

Whilst the law prioritises the biological evidence, the practical reality is that correcting the birth certificate often raises broader questions about legal parenthood, responsibility, and the child’s welfare.

At Judge & Priestley, we understand that these cases are not just about the law – they are about families and children. Our approach is practical, sensitive and child‑focused, helping clients navigate what can feel like an overwhelming process with clarity and confidence.

Written by Maria Conesa Gonzalez (Partner-Head of Complex Children and Cross Border Disputes) and Ayesha Fihosy (Trainee Solicitor)

If you would like some advice on disputes regarding biological ties and would like more information about the issues raised in this article or any aspect of Family Law, please contact us on 020 8290 0333 or email [email protected]

For further information on our Family Law services, click here.

[1] Children Act 1989

[2] How to apply for a correction to remove the wrong father’s details – GOV.UK