Parental responsibility of a child is where a parent has all the rights, duties, powers, responsibilities and authority of a child in relation to that child and their property. If a couple are married at the time their child is born, they will have automatic parental responsibility for that child.

Unfortunately, unmarried fathers do not have automatic parental responsibility for their children if they are not named on the child’s birth certificate. It is however straightforward to acquire parental responsibility by either being named on the birth certificate or entering into a parental responsibility agreement with the mother.

If an agreement cannot be made, however, between the unmarried father and mother, a Parental Responsibility Order may be the next step.

The court will then grant the biological father with parental responsibility which will allow him to be involved in making welfare decisions in relation to the child’s education, health, religion, where they should live etc.

It is also possible for a stepfather of the child to obtain parental responsibility either through agreement of both parents or by a Parental Responsibility Order.

Our specialist solicitors are able to provide advice and support you in your application.

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