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Thread: Amended Birth Certificates
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22-08-2020, 8:05 AM #11
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Vulcan XH558 - “Don't cry because it's over, smile because it happened.”
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22-08-2020, 8:11 AM #12
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What is particularly interesting here is that legally a husband is deemed to the father of his wife's children end of story.
So unlike an unmarried mother who would need the father to accompany her and participate in the registration process if they wanted his name to appear on the certificate it is not necessary in the case of a married couple.
So it would be interesting to know what the statutory declaration said
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22-08-2020, 10:40 AM #13
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Just realised that this question of Chris' never got answered,
The surname of the children would remain the same as that of the supposed father because that was their mother's surname at the time of their birth. i.e. she was legally married so her name was Sarah Gibbons.
PamVulcan XH558 - “Don't cry because it's over, smile because it happened.”
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22-08-2020, 11:53 AM #14teecee90Guest
Very interesting. I wasn't aware of that and will be very important for determining beneficiaries of the estate.
To be more specific ...... this case relates to my wife's cousin who died intestate. Said cousin's mother is sibling 2 (deceasded) in the OP. There are no other qualifying beneficiaries before uncles and aunts (or their descendants if deceased). First blood uncles and aunts inheret in preference to half blood. There is a first blood uncle on the paternal side (my wife's father) meaning maternal aunts or uncles (or their descendants) will only inherit if they are also full blood. The problem being that without certainty about the blood father of the siblings then there is no proof of a valid claim. Hope that makes sense.
By the way, this is a very small estate - we are not talking significant sums of money, but my wife is acting as personal representative for the estate and is relying on my family tree research.
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22-08-2020, 1:08 PM #15
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As I also said key to this would be what the statutory declaration said because it may well be that the husband was disowning the children - effectively stating that they were not his.
Perhaps you ought to try contacting the local registrars office where the births were registered.
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22-08-2020, 8:44 PM #16teecee90Guest
Thanks. I've emailed the registrars to see if there is any chance of getting a copy of the declaration.
On reflection, Im not sure that the "legal" father is of relevance to the inheritance issue as the intestate rules refer specifcally to "whole blood" and "half blood" relatives. So it is "biological" parents that count rather than "legal" parents. In the 1920s I guess the only practical proof of "blood" parentage would be a birth certificate based primarily on the mother's assertion. Which leads me to beleive that the fact that both parties made a statutory declaration to remove Ernest as the father leaves the "blood" father unknown or not proven.
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23-08-2020, 1:22 PM #17
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As a former registrar, I can explain what you are looking at.
These are corrections made to the entries some years after the initial registration.
So, when registered in 1921 and 1923, the husband was named as the father - and although not stated, I would guess the mother (alone) was the informant ?
In 1925 - an application was made to remove the "father's" details which was supported by a statutory declaration made by both parties. A Statutory Declaration is simply a written statement stating the facts and signed and then witnessed probably by a solicitor or commissioner for oaths.
So all this is telling you that Ernest Robert Gibbons wasn't the father of either child born in 1921 or 1923, and that this was confirmed in writing by both Sarah and Ernest, so presumably the 1919 marriage was a very short lived one.
The numbers 438 and 70 are just the entry numbers in that particular birth register, and have no relation to the references that GRO use when indexing their copies.
The registrars won't have a copy of the declaration - it would probably have been sent to the Registrar General for the necessary authority to be given to make the correction and then returned. If it survived at all it would be in the local Supt Registrars correspondence, which might have been sent to the local archive years ago (but probably not), or in the Registrar General correspondence files (series RG 48) at The National Archives.
In some circumstances yes, but not quite correct in registration terms - a married woman registering a birth is allowed to name her husband as the father of her child without him needing to be present to confirm it, but if she does so knowing that to be false she commits an offence of perjury.
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