How can an unmarried father obtain Parental Responsibility?

Family lawyer, Gemma Sparks, answers the question, ‘How can an unmarried father obtain Parental Responsibility?’

Slee Blackwell Solicitors offer a range of services and funding options, including fixed fees. For expert guidance on ‘How can an unmarried father obtain Parental Responsibility’ call us for a free initial consultation by calling 0333 888 0404 or emailing us at [email protected].

When parental responsibility is not automatic

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has in relation to their child. While mothers automatically acquire parental responsibility at birth, the same isn’t always true for fathers, particularly when they are not named on the birth certificate or were not married to the mother at the time of the child’s birth

However, if you are a biological father who does not hold parental responsibility, there are a number of legal options to obtain it.

Routes to obtaining Parental Responsibility Under the Children Act 1989

The Children Act 1989 outlines several legal avenues for unmarried fathers to acquire parental responsibility:

1. A Parental Responsibility Agreement (Section 4(1)(b))

You and your child’s mother can enter into a formal parental responsibility agreement. This must be made using a prescribed form and signed in the presence of a court officer or magistrate. Both parents must consent to this agreement.

2. Registration as the Father (Section 4(1)(a))

If you are later registered as the child’s father on the birth certificate (for example, through re-registration following a court declaration), you automatically gain parental responsibility.

3. A Parental Responsibility Order (Section 4(1)(c))

You can apply to the family court for a parental responsibility order. The court will consider factors such as:

• Your commitment to the child,
• The attachment between you and the child,
• The reasons for your application.

While these considerations guide the court, it will ultimately assess all relevant circumstances to determine whether granting parental responsibility is in the child’s best interests.

If the order is granted, you will share legal rights and responsibilities with the child’s mother. This includes being involved in decisions regarding the child’s upbringing, health care, and education.

Establishing Legal Parentage Under the Family Law Act 1986

If your legal status as the child’s father is uncertain or disputed, you may apply for a Declaration of Parentage under the Family Law Act 1986 (Section 55A).

This is a court order that formally recognises you as the child’s legal parent. The court may consider evidence such as:

• Statements from both parents,
• Background information,
• DNA testing (if relevant and agreed or ordered).

If the court grants the declaration, it may lead to the re-registration of the child’s birth certificate, which can list you as the child’s father. This re-registration, in turn, can support an application for parental responsibility under the Children Act 1989 .

How we can help unmarried fathers obtain Parental Responsibility 

If you do not currently have parental responsibility then we can advise you on the best way to obtain it using the Children Act 1989, the Family Law Act 1986 or other potential options. Our experienced family solicitors will guide you on reaching an agreement with the mother, applying for a court order, or obtaining a declaration of parentage. If successful, you will be granted legal recognition and the rights and responsibilities that come with being an involved parent in your child’s life.

For a free consultation on the question ‘How can an unmarried father obtain Parental Responsibility?’ call us on 0333 888 0404 or email us at [email protected].