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Proving to English family court that it's legal in Poland to put a false name on Birth Certificate


arowland 1 | 15
10 Jul 2014 #1
I am English my partner of 8 years is polish ,.my partner has lived in uk for 8 years .I am going to adopt her children but we have come across a problem ,when my partner registered her childs birth she told the registrar that the father was unknown ,..on the birth certificate where fathers name is they put her last name and she was told to make up a first name ,this meant that the fathers name is totally made up and untrue ,..the family court in London have said that they need evidence that under polish law a false name is entered when father is unknown ,....help ...is there anywhere I can get evidence of this practice ,..I find it quite strange that on a legal document the polish registrar allows false information
MadeinEngland
10 Jul 2014 #2
As a Brit Ide be very grateful adopting a child. You have years to adopt the child if anything goes wrong YOU ! will be legally financially responsible till the child is 18 and your partner can apply to the CSA for maintenance......Don't do it! .
Monitor 14 | 1,820
10 Jul 2014 #3
Ask some lawyer.
milawi - | 60
10 Jul 2014 #4
It is regulated by the Polish law - "Ustawa o aktach stanu cywilnego" z dnia 29 września 1986r. - art.42 p.2. You can find the act on the government website: isap.sejm.gov.pl/DetailsServlet?id=WDU20112121264

- it's the pdf file next to the words 'tekst ujednolicony'
OP arowland 1 | 15
14 Jul 2014 #5
I have been a parent to my partners children for 8 years since they were 5 , I consider them my children and as much as I hope the relationship doesn't end , I made a commitment to be a parent to these children and I will stick to that whatever happens in the relationship ,

thank you I will have a look hopefully It will help

[quote=milawi]'tekst ujednolicony'[/quote

is this from a polish law book ? is there anywhere I can produce a legal copy from to give to the courts ?
Harry
28 Jul 2014 #6
is this from a polish law book ? is there anywhere I can produce a legal copy from to give to the courts ?

Yes it is.
You could just give them the link (sejm.gov.pl is the official website of the Polish parliament).
OP arowland 1 | 15
28 Jul 2014 #7
parliament

I wish it was that easy ,I have to give them a legal document in English ,I know its polish law ,the English courts probably know but they insist on some kind of legal document , I wish they would just accept the online page

sejm.gov.pl

can find the act through the link MILAWI left in polish , but when I try and translate the page the page the English version act 42 is not to do with child paternity ??
Marysienka 1 | 195
28 Jul 2014 #8
I don't know any "legal words" in English", but

Jeżeli nie nastąpiło uznanie dziecka3) lub sądowe ustalenie ojcostwa

basically means: if nobody claimed paternity and or the paternity was not ruled by court

wpisuje się do aktu urodzenia dziecka jako imię ojca

It is written in Birth Certificate as fathers name

imię wskazane przez przedstawiciela ustawowego dziecka,

a name chosen by Child's Legal Guardian

a w braku takiego wskazania - jedno z imion zwykle w kraju używanych

if none is chosen - one of the names commonly used in country

oraz jako nazwisko ojca i jego nazwisko rodowe - nazwisko matki,".

and as father's surname and his family surname - mother's surname

z odpowiednią adnotacją w rubryce "Uwagi".

with proper annotation in "Uwagi" secttion
Harry
28 Jul 2014 #9
they insist on some kind of legal document

Have you tried asking them what they would accept?
OP arowland 1 | 15
28 Jul 2014 #10
they have said they need evidence about polish law or a statement from the registration , so im hoping if I give them the law book its in the act and what it says I hope that will be ok thank you
Harry
28 Jul 2014 #11
so im hoping if I give them the law book its in the act and what it says I hope that will be ok

When you say "give them the book", do you mean you will give them an actual copy of the relevant book? Or that you will just tell them the name of the law and provide them with a link to where they can read the law?
OP arowland 1 | 15
28 Jul 2014 #12
I somehow have to get the page and get it translated is there anywhere I can get a copy of the relevant law , I wish they would just check the link but they wont I have to produce some kind of evidence which im not sure how to do this ,...
Harry
28 Jul 2014 #13
is there anywhere I can get a copy of the relevant law ,

I'd strongly suggest that you check with them exactly what they will accept. Any copy of the law is going to be just that: a copy.

You might want to suggest to them that you provide them with a sworn translation in which the sworn translator swears that firstly the text she/he has provided is a correct translation of the relevant law and secondly that that is what the relevant law says.
Magdalena 3 | 1,837
28 Jul 2014 #14
If you take out the full transcript of the child's birth certificate, all the entries made in this respect by the Registrar will be described in the Remarks section, with legal grounds, dates, signatures, and all. It might be as easy as that. I have translated quite a few similar birth certificates myself. Hopefully this helps :-)
OP arowland 1 | 15
28 Jul 2014 #15
I did provide the court with a translated birth certificate and a letter of statement from my partner ,..saying the fathers name was a false name which my partner had to put as the father was unknown .. I have just looked on the translation and no remarks were made , I have since spoke with my partner who as informed me that the birth certificate I had translated was not the full one , we are now searching for the original full birth certificate ,....so am I right in thinking the full birth certificate will have recorded that the name was false because polish law will not accept father unknown ,,,
Magdalena 3 | 1,837
28 Jul 2014 #16
The full transcript should contain information that the name of the child's father was composed of the mother's surname and a given name of her choosing, plus the legal grounds for that.
OP arowland 1 | 15
29 Jul 2014 #17
we have found the original full birth certificate , which has some remarks to do with act 42 I am sure when translated this should be enough for the court thank you all for your help
Magdalena 3 | 1,837
29 Jul 2014 #18
glad to have been of help! :-)
OP arowland 1 | 15
21 Aug 2014 #19
i have sent the full birth certificate to the English court which clearly states that the fathers name is made up of the mothers surname and first name chosen by her, it also states it is act 42 , therefore it is very clear that the fathers name is made up and the only person with parental rights is the mother ,...for some reason the courts will not just accept this , they say this is not evidence that father is unknown , i do not understand why they will not accept ..

they said that somebody official who knows polish law ie .. polish lawyer .. has to write a letter confirming under polish law you cannot put father unknown or leave blank an when father is unknown act 42 comes into affect ,...HELP ..

does anybody know a polish lawyer who can write me this letter ...thank you
Monitor 14 | 1,820
21 Aug 2014 #20
advocate.co.uk/polish-law
Anglo
21 Aug 2014 #21
They won't accept it because some where along the line you conceived the child with a man, this man although not documented will have and maybe still known to you.
OP arowland 1 | 15
21 Aug 2014 #22
that has nothing to do with it , because on English birth certificates where father is unknown it is left blank and that is accepted by the English court as mother being the only parent , the cort just want written confirmation as to why act 42 is used on a polish birth certificate
Anglo
21 Aug 2014 #23
Thats what there telling you.....you honestly think that the London courts don't know the Polish law's !.....
OP arowland 1 | 15
21 Aug 2014 #24
there are hundreds of single parents who have father left blank on there childrens birth certificates because the identity of the father is unknown , and yes in England that does not stop your partner adopting your children , the courts want written confirmation as to why act 42 comes into force on a polish birth certificate ,
Anglo
21 Aug 2014 #25
When did you and your partner marry ?
Harry
21 Aug 2014 #26
you honestly think that the London courts don't know the Polish law's !

Why would they?
OP arowland 1 | 15
21 Aug 2014 #27
I am not married to my partner ,..we have been together 8 years she is a single parent and I want to adopt her children ,if fathers name was blank there would not be a problem ,under polish law you are not allowed to leave blank , when father is unknown the mothers surname and a first name of her choosing is put down as fathers name and in the remarks it states act 42 paragraph 2 ...although annoying as it clearly states on the full polish birth cert act 42 which means fathers name is made up ..the courts want written proof as to why act 42 is written ,and as far as I know English courts know about English law , I don't think when you study English law your also study ,polish , german or Russian law .
Anglo
21 Aug 2014 #28
So you want to legally attach your self to her children, yet your not legally attached to her ?.....is that not strange ?
Sandie
21 Aug 2014 #29
I don't think it's strange. He thinks of the children as if they were his own. He is their father so why shouldn't it be legal? God forbid if anything happened to his partner, he would have no rights to the children unless he adopts them.

OP arowland 1 | 15
21 Aug 2014 #30
no not strange , first you don't need to be married to be legally attached to someone , i am adopting the children because i have been a parent to them for 8 years and i wish to be there legal parent if i am married to there mother or not , but as it happens i am going to get married that has nothing to do with act 42 on a polish birth certificate


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