Q&As

Where a husband and wife were married before the conception of a child (who is now aged ten), and the husband has only just discovered that he is not the biological father of the child, does he have parental responsibility for that child?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on: 23 May 2017
imgtext

The short answer to this question is no. Unless a child is born as a result of assisted reproduction techniques to which he consented, a husband does not have parental responsibility for a child born during the marriage unless he is the father of that child. However, there is a rebuttable presumption at common law that the father of a child born in wedlock is the mother’s husband.

Pursuant to section 2(1) of the Children Act 1989 (ChA 1989): 'Where a child’s father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child'. However, if evidence comes to light that establishes to the satisfaction

Ruth Cabeza
Ruth Cabeza chambers

Harcourt Chambers

I am a self employed barrister specialising in family practicing from Field Court Chambers London, where I have been a tenant since 2001. My practice has always included matrimonial finance, public law children and adoption and private law children. Presently the majority of my instructions in all areas of my practice involve an international element. I also act in cases where a child has suffered very serious injuries. In the last few years I have been pleased to develop an appellate practice and have acted in several appeal cases where I have not been instructed at first instance, including a complex second appeal to the Court of Appeal in 2015. I have been instructed as an expert on the application of international adoption law in public law children cases. I am an experienced speaker at lectures and conferences on child law matters, particularly international adoption and international surrogacy law, which are areas that I have particular expertise in. I regularly contribute articles to key legal journals on topical legal issues.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Can the court make an interim child arrangements order?

Can the court make an interim child arrangements order?The court may make an interim child arrangements order, namely an order intended to be short-term until determination of any issues in the case at a final hearing, under section 8 of the Children Act 1989.There are various cases where it can be

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 8.Applications for declarations under FPR 2010, SI 2010/2955, Pt 8 are made under the FPR 2010, SI 2010/2955, Pt 19

Change of name of a child

Change of name of a childThis Practice Note explains the procedure for an application to change a child’s name under sections 8 or 13 of the Children Act 1989, (ChA 1989). It details who can apply, whose permission to change the name is required or when the court’s permission must be sought and the

The meaning and scope of parental responsibility

The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow up.Under the Children Act 1989 (ChA 1989) parental responsibility means all the rights, duties, powers, responsibility and authority that, by law, a