I thought it was pretty well known but I suppose I could see how it would be confusing....would you not look into the gaurdianship thing when having a child with someone though? Cause I'm pretty certain, if you're not married, they can't sign forms in the hospital etc
In terms of signing forms in the hospital, most people don’t realise that you can’t just “pick” your next of kin. Most people I know who are unmarried, stick their partner down as NOK, esp when having a baby, but it means nothing in legal terms. I wasn’t married when I had my kids, so if they’d needed consent for surgery or anything and I hadn’t been able to give it, they’d have been supposed to get my mam to sign it. I think most people don’t realise this because when they ask for your nok, you can stick any old name on the chartI thought it was pretty well known but I suppose I could see how it would be confusing....would you not look into the gaurdianship thing when having a child with someone though? Cause I'm pretty certain, if you're not married, they can't sign forms in the hospital etc
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I had to make a will at 23 to make sure my husband (then boyfriend) got custody of our child. It was ridiculous!
You’d think they would research this information before planning a pregnancy like that?
I'm genuinely shocked he didn't propose with a onesie in the hospital or something equally as cheesy tbh. Christmas is the next 'typical proposal time' so I don't see it before then either.
We got married when we started planning kids after 10 years together. A lot of the reason was legal protection for future children....also tax reasons and to avoid anything messy with our house. So romantic!
Honestly the people here making comments about the guardianship thing being common knowledge clearly don't even know the law themselves.
It really isn't a reason to get married. Can be sorted easily without marriage. And I certainly wouldn't have it as my reason to get married.
I only know because I was there, we went through it. I didn’t know before that.
Similar, know as much as I do because we were planning kids before we were married and I did some research, asked some people I know who had kids before marriage as well. But also, it seemed common enough knowledge (c. 5 years ago) when I talked about it with other people. There was a lot of news coverage when the law changed to allow guardianship after cohabiting before and after baby and a lot of discussion about that too.I only know because I was there, we went through it. I didn’t know before that.
OK, that's you. I know people who specifically told me that they were getting married for legal reasons so that it was straight forward for their kids and their house.
I think what is obvious is she had a very much planned child with someone and just never looked into what that legally meant, most people only do when things go wrong.
Family law is a horrible area because it’s something people never consider until they need it.
Family law is a horrible area because it’s something people never consider until they need it.
Those people are misinformed. If they live together, whether they ate married or not will not affect kids re inheritance rights etc. It does affect them if one dies before the other though, maybe that's what they meant.
Glad to see that some people are aware of the intricacies with the law. The statements about common knowledge that the mother has automatic guardianship were wrong.
It’s certainly not common knowledge 
my sister passed away 5 years ago at the age of 35 and she wasn’t married at the time but herself and her partner have twins a boy and a girl . We went about getting their first passports as I was bringing them on holiday and it was only then we found out about this 
Even though her partner was listed as father on the twins birth cert he wasn’t automatically a legal guardian so technically legally the twins were in no man’s land with no legal guardian as such We had to go before a judge for him to be granted as their legal guardian. I was shocked i just presumed both parents once listed on a birth cert are automatically legal guardians
my sister passed away 5 years ago at the age of 35 and she wasn’t married at the time but herself and her partner have twins a boy and a girl . We went about getting their first passports as I was bringing them on holiday and it was only then we found out about this Even though her partner was listed as father on the twins birth cert he wasn’t automatically a legal guardian so technically legally the twins were in no man’s land with no legal guardian as such We had to go before a judge for him to be granted as their legal guardian. I was shocked i just presumed both parents once listed on a birth cert are automatically legal guardians Did this one come down in the last shower or what? Is this all not common knowledge? Or is she just thick
I only know about it cos it’s a big bug bearer of my mums. She hates hearing of kids born outside of marriage purely because she thinks it’s awful that the dads have no automatic rights. I think it’s featured regularly on liveline since the 90s. She thinks the solution is getting married first. But in this day and age, the laws really needs to be reviewed. And especially as families really do come in all forms now. For everyone’s protection.It’s certainly not common knowledge
To be fair it's a simple fix by signing a piece of paper in a solicitors if parents are together and of not together are on good terms. If not either of those, then it's a quick day in court where it will be given without issue unless there's really a serious reason not to. It would have to be incredibly serious.
The fact it is the way it is really goes to Catholic history of children outside of marriage, magdalene laundries and men having to have no responsibility in the making of their child and all shame, blame and responsibility on the woman.
It needs to be changed on order for some men to have to face their responsibilities and the burden not have to be on the woman to make them face it.
It i
As already stated, the law has changed somewhat, so marriage isn't the be all and end all. Now, an unmarried father will automatically be a guardian if he has lived with the child's mother for 12 consecutive months after 18 January 2016, including at least 3 months with the mother and child following the child's birth.
I think everyone agrees that marriage isn't the be all and end all... just we all think the law is stupid and needs to be updated.
People still die in childbirth... not many but it happens. That falls in the loophole of Dad is not a guardian. Other things too.
It's a dated and stupid law.
People go on about gender equality... well men lose time and time again with their automatic and perceived rights as unmarried fathers.
Yes but it has changed, as outlined above. It certainly needs to change further, but its no longer the case that fathers who play an active role in their children's lives are left behind.... only in situations where they haven't lived with the child
I’m a solo parent and dad is not on the birth cert. He ran for the hills at the sight of 2 blue lines. No contact since. However I wanted a passport for my baby. I had to get an affidavit signed in the solicitors along with the birth cert to say I’m my baby’s sole guardian and parent. I was advised for every legal document until my baby is 18 I will have to get an affidavit signed by my solicitor. I personally feel it’s ridiculous when as his mother I’m on his birth cert and no one else that I have to have an affidavit signed. It’s very messy when your not the ‘so called normal’ married man and women.
I dont think this is standard at all, it's probably good practice, so I can understand why a solicitor would advise this, but its not necessary? Luckily there are very few times when this would be done.
ETA I looked into it, that's correct and needed for passport! That seems crazy, but like I said, at least that will be needed only 2 or 3 times max in a child's early life!
It’s not just for a passport it’s for all documents,
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