The effect of an unmarried father acquiring parental responsibility
The effect of an unmarried father acquiring parental responsibility

The following Family guidance note provides comprehensive and up to date legal information covering:

  • The effect of an unmarried father acquiring parental responsibility

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners, inter alia, when considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—children proceedings. This Practice Note sets out the current position on removing a child from the jurisdiction.

Upon being granted parental responsibility for his child the legal position of an unmarried father changes and the main effects are as set out below:

Effect Authority
He becomes a 'parent' for the purposes of the adoption legislation and can therefore withhold his consent to adoption. Sections 21, 47(2) and 52(6) of the Adoption and Children Act 2002
See Practice Note: Adoption—placement orders
He becomes entitled to remove his child (under the age of 16) from local authority accommodation and, if he is willing and able to provide accommodation or to arrange for it to be provided for his child, may object to his child being accommodated in the first place. Sections 20(7)–20(8) of the Children Act 1989 (ChA 1989)
He will