what can we do

Hello, good morning

Based on the information you've provided, it's understandable that you are feeling distressed and concerned. While the mother's actions have significant emotional and familial consequences, it is unlikely she will face criminal charges for concealing the birth of a living child. However, both your son and you have legal avenues to seek a relationship with the child.

Concealment of Birth
The offense of "concealment of birth" is a criminal act, but it specifically pertains to the secret disposal of a deceased child's body to hide the birth. While some jurisdictions have laws against concealing a pregnancy from the father, it is generally not a criminal offense to keep a living child's existence a secret. The mother's actions, therefore, are unlikely to be prosecuted as a criminal offense, though they will be a relevant factor in family court proceedings.​

Your Son's Rights as an Unmarried Father
An unmarried father does not automatically have legal parental rights and responsibilities for his child. To be involved in his daughter's life, your son will need to take legal steps to establish his paternity and acquire these rights.​

Steps for the Father to Gain Parental Rights:

Establish Paternity If he is not named on the birth certificate, he may need to establish paternity, potentially through a DNA test.​

Parental Responsibility Order He can apply to the court for a Parental Responsibility Order, which grants him the legal authority to make important decisions in his child's life.​

Child Arrangement Order He can also apply for a Child Arrangement Order to determine where the child lives and establish regular contact.​

When considering such applications, the court's main priority is the child's best interests. The court will consider the father's commitment to the child and any attempts he has made to be involved and provide support. An unmarried father has a duty to financially maintain his child, which is often the only parental responsibility that is automatically applied.​

Your Rights as a Grandparent
In many legal systems, including the UK, grandparents do not have an automatic right to see their grandchildren. However, the courts recognize the important role grandparents can play in a child's life.​

Steps for Grandparents to Gain Access:

You can apply to the court for permission, known as "leave," to seek a Contact Order.​

To grant this, a court will look at your connection to the child and whether the application would be beneficial or potentially harmful to the child's well-being.​

If permission is granted, you can then formally apply for a Contact Order. The court will hear evidence from all parties.​

Courts rarely refuse grandparents access unless there is evidence of potential abuse, violence, or that the contact would have a negative impact on the child's immediate family relationships. It is highly recommended that you and your son seek advice from a family law solicitor to navigate this