Q&As

Does a father who was named on a child’s birth certificate in relation to a child born in 2002, acquire parental responsibility for the child as a result of that registration?

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Published on LexisPSL on 11/07/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Does a father who was named on a child’s birth certificate in relation to a child born in 2002, acquire parental responsibility for the child as a result of that registration?
  • Position at birth
  • Subsequent to birth

Parental responsibility is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. See Practice Note: The meaning and scope of parental responsibility.

Position at birth

  1. where the parents were married to each other at the time of the child's birth, they each have parental responsibility

  2. where the parents were not married to each other at the time of the birth, the mother automatically has parental responsibility and the father does not: there is provision for the father to acquire it

Subsequent to birth

After the child's birth there is provision for others to acquire parental responsibility for the child.

An unmarried father may acquire parental responsibility by:

  1. subsequently marrying the mother

  2. becoming registered as the child's father under sections 10(1)(a)–(c) or 10A(1)(a)–(c) of the Births and De

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