Declaration of Parentage v Parental Responsibility for Father’s

S3(1) Children Act 1989 defines Parental Responsibility as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.

This simply means that a party with parental responsibility will have the authority to make important decisions relating to the child such as (but not restricted to):

1. Choosing and providing for the child’s education;
2. Agreeing to the child’s medical treatment;
3. Naming the child and agreeing to any change of name;
4. Looking after the child’s property.

A mother acquires automatic parental responsibility, however a father that was not married to the mother at the time of the child’s birth will not have parental responsibility. Since 01 December 2003 an unmarried father will obtain Parental Responsibility if he is named on the child’s birth certificate.

Where a father is not named on the child’s birth certificate, he can if it is not agreed that his name should be added or he should be granted PR, apply for a Parental Responsibility Order and/or apply for a Declaration of Parentage or Re-Registration of the birth by agreement.

Declaration of Parentage

If there is any uncertainty that the father would be permitted a parental responsibility order, then it would be advisable to apply for a declaration of parentage in the first instance.

The Court will merely consider whether paternity has been established. In practice the Court will expect to see a DNA test confirming paternity.

Following the declaration being 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.

At this stage the father will not have parental responsibility.

Parental Responsibility Order

The Court set a higher threshold for acquiring parental responsibility than a declaration of parentage. The Court are required to consider the fathers degree of attachment to the child, the degree of commitment to the child and the father’s motivation for applying for such an order.

Following receipt of a Parental Responsibility Order a father may apply for the birth to be re-registered under s10A(1)(e) of the Births, Deaths and Registrations Act 1953. The Mother’s consent is not a necessity.

Re-Registration of the birth by agreement

Re-registration of the birth by agreement simply speaks for itself, if both parents agree to re-register the child’s birth then the father can be added to the child’s birth certificate. Be that it may, if the mother does not agree then this option is out of the question and the father should consider a declaration of parentage and/or parental responsibility order.

Stone King LLP has a team of experienced mediators and family lawyers. Please call 01225 337 599 if you require any assistance.