Birth by declaration

[drmike789]

I have a 1st cousin 1x removed who was born and registered Robert Thomas Quixall in 1914. His mother Emily Quixall then registered the birth by declaration as Robert Thomas Quixall Hunter in 1938. Both registrations were in Sheffield. His father is Robert Hunter. Robert and Emily did not marry until five months after he was born. The registration by declaration seemed to coincide with RTQH's first marriage - it was done three months after he married. I've not been able to find RTQH's father's military records to see if they help at all.

I was hoping someone could shed light on the declaration part of the puzzle. I assume the father could not register the birth originally because he was not present and therefore EQ had to use her name as they were not married. But on what grounds could she later register by declaration?

Many thanks in advance, Mike

[Peter Goodey]

See the Legitimacy Act of 1926

https://www.legislation.gov.uk/ukpga/...9260060_en.pdf

[drmike789]

Rather a complex Act for a lay person. Is there a good link to an interpretation of this law?

[Elwyn Soutter]

I think what it boils down to is that where a child is illegitimate, the father’s name can only appear on a birth certificate if he is present at the registration and acknowledges paternity. (Otherwise a mother might name anyone, with awkward consequences later). However where, as in this case, the couple later marry, the child can then be re-registered under its father’s surname. That’s what appears to have happened.

[Peter Goodey]

If the parents weren't married, the child was illegitimate regardless of whether or not the father's name appeared on the certificate.

The 1926 Act allowed the child to become legitimate when the parents eventually married.

[drmike789]

There's no entry on the birth certificate that father was present or agreed with the re-registration.

Was it not a requirement? Or would it have been sufficient for the mother to show a copy of the marriage certificate?

[Peter Goodey]

The father did not have to be present because they were married. I believe this is what the "declaration" was all about.