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CaringMum · Apr 1, 2012, 07:50 AM

My partner and I have been together since my son was young. My son is now 15 years old and not the biological son of my partner, however my son's biological father has never once seen or spoken to my son (by choice of the biological father). The biological father is also not named on my son's birth certificate. I do not know where he is living, and have not seen him since, well, months before my son was born. The biological father does his best to avoid paying child support, going so far as to claim most years that his earnings were $0 for the entire financial year. As such I rarely receive any child support from him -not that I want it, and nor does my current partner.. My current partner is the only father my son has ever known. My current partner refers to my son as his son. My current partner and I have 3 daughters together, aged 7 years, 5 years, and 11 weeks old. My son's name is displayed on my first two daughters birth certificates, but not on my youngest, despite me filling in his name (along with my daughter's names) on her birth registration form. My youngest daughter is the image of my son when he was born also. I'm upset my son's name has been excluded as he is her brother, and my current partner's and my son. Am I able to request that his name is added to her birth certificate? Thank you, in advance, for your time and effort.

ScottGem · Apr 1, 2012, 07:55 AM

A birth certificate is a legal document. To change it (i.e. a name change) would require a court order. To apply for a name change would require trying to get the bio father's approval.

I also suspect that the local court will suggest that your partner adopt rather than just change the name, which is my recommendation also. Either way, I would consult with a local Family Law attorney (ANY question on law needs to include your general locale as laws vary by area.) to determine the what needs to be done in either scenario.

CaringMum · Apr 1, 2012, 08:28 AM

Thanks ScottGem.. :)
I don't want to change any of my children's names, I would just like for my son's name to be displayed on my youngest's birth certificate, as her brother. (The registrar did include his name on my two other daughter's birth certificates, as their brother, but was left off this last one.)

cdad · Apr 1, 2012, 08:30 AM

Where is this happening at as I have never heard of birth certificates that include lineage beyond the birth parents ?

CaringMum · Apr 1, 2012, 08:33 AM

We're located in Queensland, Australia.

ScottGem · Apr 1, 2012, 08:35 AM

Hmm, I also don't know of anyplace that includes siblings on a birth certificate. Parent's yes, but not siblings. But frankly, if you are not looking for a name change, I really don't see how this matters. All your other children should know your son is their half brother. Having it on an official document isn't necessary.

On the other hand, adoption is still the answer here.

CaringMum · Apr 1, 2012, 08:40 AM

Yes, true. Thanks ScottGem. We did think about adoption years ago, but have never actually needed to go through with it.. I actually never knew where to begin, or who to contact regarding adoption. Can you offer any advice in this regard?
Cheers, :)

ScottGem · Apr 1, 2012, 08:45 AM

Originally Posted by CaringMum

Yes, true. Thanks ScottGem. We did think about adoption years ago, but have never actually needed to go through with it.. I actually never knew where to begin, or who to contact regarding adoption. Can you offer any advice in this regard?
Cheers, :)

First, let me apologize for misreading your initial question.

The best place to start with adoption is to shop around for a Family Law attorney in your area. You really want an attorney to prepare the adoption paperwork. Once you find an attorney they can advise you each step of the way.

CaringMum · Apr 1, 2012, 08:50 AM

I was just hurt, I suppose, a little, when I saw my daughter's names listed as siblings, and my son's name not there.. as they're all my children (& my son has only ever been 'our' child -as in, my current partner's and mine.. but as you suggested: adoption would fix that... & then do you know, would we be able to apply for (obviously with a cost) an amendment to her birth certificate to have his name included as her brother?. Also, could I then have my current partner's name listed on my son's birth certificate, as his father? Or, is that spot kept specifically for biological fathers?

CaringMum · Apr 1, 2012, 08:53 AM

Thanks so much for all your advice ScottGem. I really appreciate it. :)
-----$--@

cdad · Apr 1, 2012, 09:03 AM

Originally Posted by CaringMum

I was just hurt, I suppose, a little, when I saw my daughter's names listed as siblings, and my son's name not there.. as they're all my children (& my son has only ever been 'our' child -as in, my current partner's and mine.. but as you suggested: adoption would fix that... & then do you know, would we be able to apply for (obviously with a cost) an ammendment to her birth certificate to have his name included as her brother? ..Also, could I then have my current partner's name listed on my son's birth certificate, as his father? Or, is that spot kept specifically for biological fathers?

It appears that your country has both "open" and "closed" adoptions available. In an open adoption the parties are known to each other where in a closed adoption they are not. So if an "open" adoption is sought then there may not be a name change as to the birth father in the birth record. In a closed adoption there would be a change as the birth parent would have the right to veto and become unseen.

Quote:

Information applications and vetos

This is a relatively new area in adoption history. For many years adoptions were done behind closed doors, with little information provided to any of the parties to the adoption. Now, adoption is an open process in all States and Territories, except Queensland, with the birth parent having the choice at time of adoption of being a part of the child’s life. This can vary from information exchange such as letters, or direct contact. In some jurisdictions, it is part of the adoption plan and is supervised by the department.

Because of the change in legislation, people who were party to adoption before the changes are able to find out information about themselves or others which may lead to contact between the parties. If contact is not desired by any of the parties, they are able to lodge a contact or information veto, which prohibits anyone from gaining information about or contacting them. This does not apply in Victoria or Tasmania as no veto system exists. (For a summary of State and Territory provisions for open adoption, access to information and contact vetos see
AIHW 2000).

Ref:

http://www.aifs.gov.au/conferences/aifs7/kellys.html

As far as being unmarried that may or may not represent a problem to the adoption you are seeking.

CaringMum · Apr 1, 2012, 09:33 AM

Thank you Scott :)
You've given me much food for thought.

Thank you for the information; the above mentioned quote; your time.. Cannot express how sincerely appreciative I am.
Cheers. :)

AK lawyer · Apr 1, 2012, 01:52 PM

Originally Posted by ScottGem

...
On the other hand, adoption is still the answer here.

I take it Queensland is different from the U.S. in that it it allows "step-parent" adoption by unmarried "partners"?

ScottGem · Apr 1, 2012, 02:16 PM

Originally Posted by AK lawyer

I take it Queensland is different from the U.S., in that it it allows "step-parent" adoption by unmarried "partners"?

I don't know, but I'm not assuming that use of the word "partner" means not legally married.

Also not all US states require that adoptions can be granted to legally married partners.

To CaringMum,

I did some research here. I found the application for a birth certificate here:

http://www.justice.qld.gov.au/__data...tion-form1.pdf

Notice how section 6 is worded:
" Previous children of this relationship"
It goes on to list who qualifies:
• Enter order of birth with the eldest child first. Do not include a child born of the same pregnancy as the child being registered.
• Include legally adopted children.
• If deceased enter 'D' in the Date of birth column.
• If not born alive enter 'SB' in the Date of birth column.
• If no previous children of this relationship write 'None' in the first column.
• Include children registered through court surrogacy parentage orders.

It would appear that your son does not qualify as a "previous child of this relationship". So it could be that the registrar made a mistake in allowing your son to be listed on your daughter's birth certificate. But since adding your son would not materially change the paternity of the birth certificate this may be handled simply. I would suggest contacting the Registrar's office (See here for contact info: http://www.justice.qld.gov.au/justic...rriages/births) and finding out if this can be done simply.