Unmarried Fathers' rights

What rights do unmarried fathers have in the UK?

Many fathers believe that they automatically acquire parental responsibility upon their child's birth, much like how mothers do.

When a child is born, the birth mother automatically has parental responsibility. A father who is married to the birth mother at the time would also automatically have parental responsibility. However, an unmarried father can only 'inherit' parental responsibility.

If you are an unmarried father, you will only acquire parental responsibility if one of the following applies:

• You obtain parental responsibility order from the court
• You enter into a formal agreement with your child's mother; or
• You jointly register the birth with your child's mother if your child was born after 01 December 2003.

If you do not have parental responsibility for your child, you will not be allowed to make any decisions about their life or upbringing. However, you may still be required to pay towards your child's maintenance.

What is parental responsibility?

Parental responsibility covers all the rights and responsibilities you have in respect of your child. As a father, having parental responsibility provides you with equal rights and responsibilities in respect of the child as the birth mother.

Parental responsibility means you will have a say in the way your children are raised.

This does not mean you will be involved in every decision as part of their everyday lives, such as what they eat or wear. However, your consent will be needed to make important decisions about their lives, such as where they live, what school they attend, their name and medical treatment.

Who has parental responsibility?

It is often assumed that a child's biological father automatically gains parental responsibility when a child is born. However, you only have parental responsibility if:

• You're the child's mother
• You're the child's father and were married to the child's mother at the time of birth
• You have legally adopted a child
• Your child was born after 1st December 2003, and your name is on the birth certificate

How do unmarried fathers get parental responsibility?

As a father you are entitled to apply to the court to get parental responsibility, and the following factors will be taken into consideration:

• Your commitment as a father
• The attachment between you and your child
• Your reasons for applying for the order

The court will always consider the child's needs and interests above anyone else's. This will ultimately determine their decision on whether to grant parental responsibility.

In many cases, fathers can arrange a parental responsibility agreement with the child's mother rather than go through court proceedings. This type of agreement is appropriate if:

• You are an unmarried father, and your name is not on your child's birth certificate
• You are marrying and would like to take parental responsibility for your new partner's child (the is a step-parent parental responsibility agreement)

How long does parental responsibility last?

If you gain parental responsibility through a parental responsibility order or agreement, this responsibility lasts until:

• Your child is 18
• An adoption order is made
• A court order removes parental responsibility

Why choose Westridge Legal?

Our team of family lawyers are aware of the sensitivity and complexity involved in getting access to your children. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.