Q&As

Where a non-biological father is registered on a child’s birth certificate as the father, if the mother applies for a declaration of parentage to prove the biological father is the biological father, will the non-biological father, who was originally registered as the father on the child’s birth certificate, lose their parental responsibility? What is the effect of a declaration of parentage and re-registration of the birth?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 11/08/2017

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a non-biological father is registered on a child’s birth certificate as the father, if the mother applies for a declaration of parentage to prove the biological father is the biological father, will the non-biological father, who was originally registered as the father on the child’s birth certificate, lose their parental responsibility? What is the effect of a declaration of parentage and re-registration of the birth?

Where a non-biological father is registered on a child’s birth certificate as the father, if the mother applies for a declaration of parentage to prove the biological father is the biological father, will the non-biological father, who was originally registered as the father on the child’s birth certificate, lose their parental responsibility? What is the effect of a declaration of parentage and re-registration of the birth?

A father has parental responsibility in respect of a child if he was married to the mother at the time of the birth, he is registered as the father on the child’s birth certificate (if the child was born after 1 December 2003), or there is a court order or parental responsibility agreement with the mother. 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’. Parental responsibility can be removed by order of the court on an application by a person with parental responsibility or by the child (with permission) as per ChA 1989, s 4(3) and 4A. See Practice Note: The meaning

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