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Mother seeks to restore her child's name

GRO - Ombudsman critical of treatment
GRO - Ombudsman critical of treatment

A mother whose estranged partner went behind her back to change their child's surname has been waiting for more than three years for the child's original name to be restored.

The revelation was made by the Ombudsman, who says the General Register Office, while it works efficiently and satisfactorily in the vast majority of cases, can treat individuals harshly and insensitively.

Emily O'Reilly says Ms A is a single parent who, in March 1996 after breaking up with her partner, registered the birth of their new daughter with her own surname.

But seven years later she discovered that unknown to her, when the child was a toddler, the father had re-registered her with his surname.

When A looked for a reinstatement, the General Register Office refused on the basis that the re-registration had been in line with legislation.

But two years earlier it had settled a legal challenge in a similar case, and had begun inviting comment from the other parent when re-registrations were proposed.

The Ombudsman also discovered that following A's protest, the GRO got legal advice that it was beyond its capacity to have authorised the re-registration; but the Chief Registrar warned Ms O'Reilly that any reinstatement could equally be struck down by the courts.

After getting her own advice, the Ombudsman asked for a correction.

Nine months later, last March the GRO announced an inquiry into the case with a view to having the entry corrected and/or completed.

The Ombudsman says that more than three years after Ms A protested to the GRO there is no prospect of a resolution being achieved.