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Parental responsibility - Who has parental responsibility?

Mothers automatically have parental responsibility for children at birth. A father usually gets parental responsibility if he is either married to the child’s mother and is the biological parent of the child, or is listed on the birth certificate after a certain date depending on when the child was born.

If parents are not married a father can acquire parental responsibility in one of three ways, namely;

  1. Jointly registering the birth so that his name appears on the birth certificate along with the mother from the 1st December 2003.
  2. Getting a parental responsibility agreement with the mother or getting a parental responsibility order from a Court.
  3. Same sex partners have parental responsibility for both partners if they were civil partners or married at the time of the treatment, i.e. donor insemination or fertility treatment.
  4. For same sex partners who are not civil partners or married, the second parent could get parental responsibility by either applying for a parental responsibility agreement if a parental agreement was made or becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth to appear on the birth certificate.

If you require advice in respect of this matter please contact us further.

Kerry Davies on 01524 39760


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