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?

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Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on LexisPSL on 23/05/2017

The following Family Q&A produced in partnership with Ruth Cabeza of Harcourt Chambers provides comprehensive and up to date legal information covering:

  • 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?

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 th

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