How to obtain parental responsibility
Gemma Sparks, a partner in our Tiverton office, sets out a few of the ways in which fathers can obtain parental responsibility for a child.
Parental Responsibility
A mother, automatically has parental responsibility but a biological father does not. In the UK, there are certain presumptions in law about who the parents of a child are, such as when the child’s parents were married at the time of the child’s birth or if the biological father is named on the birth certificate. However, where this is not certain, a formal order or declaration of parentage can be sought from the family courts.
An application under The Children Act 1989
Under the Children Act 1989, the concept of parental responsibility and determining who a child’s parents are can be defined and declared by law. A father can acquire parental responsibility by making an application for a parental responsibility order (s4 Children Act).
A Section 4 application under the Children Act 1989 allows an unmarried father to acquire parental responsibility for a child by the following methods:
- Agreement with the Mother (Section 4(1)(b)): The father and mother can enter into a “parental responsibility agreement” that grants the father parental responsibility.
- Registration as the Father (Section 4(1)(a)): The father can acquire parental responsibility by becoming registered as the child’s father under relevant legislation.
- Court Order (Section 4(1)(c)): The father can apply to the court for a Parental Responsibility Order, which grants him parental responsibility.
A father is entitled to ask the court to recognise his position as the father of the child irrespective of any question of residence or contact.
The court will consider:
- the degree of commitment the father has shown towards the child
- the degree of attachment between him and the child; and
- the reasons why he is applying for the order but these three requirements.
These are a starting point, and are not intended to be exhaustive. The court will take into account all the relevant circumstances of the case.
An application under The Family Law Act
A declaration of parentage is a formal court order under the Family Law Act 1986 that establishes or disestablishes the legal parent-child relationship, clarifying who the legal parents are.
Any person with a legitimate interest in the child (such as a biological parent, the child itself, or a potential parent can make an application.
The application itself is made to the family court under Section 55A of the Family Law Act 1986, and the case will often involve an investigation of the child’s background and possibly the results of DNA testing.
DNA evidence can be helpful to support an application for a declaration of parentage, although it is not always required. The court can make a direction for legally approved DNA testing within court proceedings, but it is important to note that the court cannot compel a party to undergo a test.
The court will examine all the facts and make a declaration based on the evidence provided.
A declaration of parentage can trigger the re-registration of a British birth certificate. If a declaration of parentage is made, the court will notify the Registrar General and the child’s birth will be re-registered with the father detailed on the child’s birth certificate.
Guidance on how to obtain parental responsibility
The Children Act 1989 and the Family Law Act 1986 both provide options for fathers to obtain legal parental responsibility for their child(ren).
Contact Gemma Sparks for a free consultation about how to obtain parental responsibility by calling 0333 888 0404 or emailing [email protected].
