Blank Space Campaign FAQs

What to do if an unmarried parent dies before their baby’s birth is registered

When do you need to register a child’s birth?

Please note: these FAQs relate to the situation in England and Wales.

In England and Wales, you must register a child’s birth at the local register office where the child was born within 42 days of the birth date.

If you are married, it should be straightforward to go to the register office together to register the birth, and both parents’ names will be on the birth certificate. However, if you are unmarried, the process is slightly different and can be more complicated.

Unmarried partners or parents have two options:

they can go to the register office in person to sign the birth certificate; or
if they can’t be there on the day of registration, they can provide a statutory declaration confirming their biological parentage, which ensures the birth can be accurately registered.

What if an unmarried parent dies before the birth is registered?

Unfortunately, if the unmarried parent dies before registering the child’s birth, the living parent faces a difficult situation. The register office will not automatically include both parents’ names on the birth certificate, which can be upsetting and may not reflect the child’s true parentage.

The birth still needs to be registered within 42 days, but the living parent may want to amend the birth certificate at a future date to include the deceased parent’s name. To do this, they need to apply to the Family Court for a Declaration of Parentage.

How do you apply for a Declaration of Parentage?

To apply for a Declaration of Parentage, you need to complete and submit the C63 Form to the Family Court. The form requires some administrative details, and you should explain why the declaration is necessary.

There is a court fee of £365 for the C63 Form, which can be waived in certain financial circumstances.

The court application will take around 12-16 weeks to be processed up to an initial court hearing. At this initial court hearing, either in person at the court or remotely via Microsoft teams, a senior family judge will consider the application. You will be notified of this in advance by the court. See further below on the process once you have made your application.

It is usual to apply to your local family court using the C63 form. After you have made your application, the court should ensure that a sufficiently qualified and experienced Judge is allocated to the case to progress your application.

When applying for a Declaration of Parentage, each case will be different. Although some WAY members have navigated this process without a lawyer, it may be a good idea to consider taking legal advice on these matters before you proceed with making an application to the court.

What happens during the court process?

During the court process, the judge may issue various directions based on the specific circumstances of the case.

As mentioned above, there is usually an initial court hearing (around 12-16 weeks after you have applied to court). This is usually followed by a second court hearing to consider what progress has been made in that time. There are usually around 3-4 months between the hearing dates. Each case is different but the directions from the court, which may be ordered at the first and/or second hearing, could include:

Requesting a DNA test between the child and a surviving blood relative of the deceased parent.
Obtaining witness statements from the living parent and/or surviving blood relative(s) depending on the circumstances.
Providing notification of the deceased’s estate’s personal representative to provide their view on the application.
Providing the deceased’s death certificate.
Submitting the existing birth certificate of the child.

Making a Declaration of Parentage

Once the court has sufficient information, it will decide whether to grant the Declaration of Parentage. If approved, the court will issue a document confirming that the deceased person was the child’s parent. The court will confirm that it will make a Declaration of Parentage at a court hearing. It then typically takes around 2-6 weeks from that declaration in an order of the court to be sent to you by the court or from your solicitor, if you have legal representation.

The court will also send a copy of the declaration and the application to the Registrar General for Births and Deaths, typically within 21 days. This allows for the amended and correct information to be included in the birth certificate.

Whilst the Registrar General is invited to amend and correct the birth certificate in line with the Declaration of Parentage made by the court, it is not a strict legal obligation. However, even though there is not an absolute legal obligation upon the Registrar General, they do usually comply. If they refuse still, it would be advisable to seek legal advice.

Please note: re-registering the birth can take several weeks to process, and you’ll need to fill out another form at your local civic centre usually before the child’s birth certificate is updated.

Join our Blank Space campaign

Unfortunately, the current process for registering a birth for bereaved parents who weren’t married can sometimes be complex, long-winded and costly.

Read WAY Ambassador Orlanda’s story

If you would like to help us to make the process simpler and more compassionate for bereaved parents like Orlanda in future, please join our Blank Space campaign.

Scott Halliday, Senior Associate and head of complex children law, in the Family Team at Irwin Mitchell LLP, was consulted and part of the team who produced this document. Scott and the team at Irwin Mitchell LLP have been involved in several cases for bereaved parents in these circumstances across England and Wales.

Please contact Scott Halliday, as the team are willing to provide a short, 15-minute, free initial consultation in such cases to support bereaved parents. They can also be instructed formally for advice and representation ongoing beyond that.

Disclaimer: Please note that this document provides guidance only and does not constitute legal advice. If you have any concerns or questions about your specific case, we would recommend consulting a family law solicitor. WAY Widowed and Young is not able to provide advice on any individual circumstances.