Unmarried fathers rights in the UK.
If the father is on the child’s birth certificate, he will have the same legal rights as the mother.
If a father’s name is not on the birth certificate, he does not have any parental rights or responsibilities for the child. If he wishes to obtain rights and responsibilities in respect of his child, he has the following options.
- With the mother’s agreement he can add his name to the birth certificate by re-registering the child’s birth.
- He can apply to the court for a Declaration of Parentage.
- With the mother’s agreement, both parents can enter into a Parental Responsibility Agreement, and register it with the court.
- If the mother is unwilling to cooperate, the father can apply to the court for a Parental Responsibility Order.
- By marrying the child’s mother, the father will automatically gain Parental Responsibility.
What does parental responsibility actually mean?
Parental responsibility is a legal concept that refers to the rights, duties, powers, and responsibilities that a parent has in relation to their child and their property. In simpler terms, parental responsibility means the big decisions that need to be made about a child’s upbringing and welfare, such as deciding on a child’s education, medical treatment, and religious upbringing.
A parent with parental responsibility also has the right to make legal decisions on behalf of the child,
In day-to-day matters, a person with parental responsibility must also look after the child’s emotional well-being, and protect, maintain, and provide a home for the child.
How does a court determine parental responsibility?
When deciding whether to grant Parental Responsibility, a Court will take into account the following factors:
- The welfare of the child, and the applicant’s ability to meet the child’s needs.
- How committed is the father in maintaining a relationship with the child?
- The reasons for the application for parental responsibility.
- The current relationship and attachment between the father and child.
Does my ex-girlfriend need to include my name on my child’s birth certificate?
In the United Kingdom there is no legal requirement to include an unmarried father’s name on a child’s birth certificate. The mother has the right to choose whether or not to do so.
An unmarried father cannot register his name on the birth certificate unless the mother agrees.
This can have significant implications for an unmarried father as this will limit his rights to see the child, and make decisions about the child’s upbringing.
What if I am unsure whether I am the father?
If you are unsure or do not believe you are the father of a child, you can apply to the court for a Declaration of Non-Parentage by completing a C63 form. A declaration of non-parentage is a legal process that formally establishes whether or not a person is the biological parent of a child.
Within the legal proceedings the court is likely to order a DNA test to establish biological paternity. All parties must comply with this order.
If a Declaration of Non-Parentage is declared, a child’s birth certificate can be changed, such as by removing the name of an incorrect father.
What is a paternity test?
A paternity test is a DNA-based procedure used to determine whether a man is the biological father of a child. A test will analyse specific genetic markers from the child and the alleged father to determine paternity.
Paternity tests are usually used for resolving child support disputes and applying for rights in respect of a child.
Paternity tests can also be used to add or remove a father’s name from a child’s birth certificate.
Can I refuse a DNA test?
In the United Kingdom you cannot be forced or obliged to carry out a DNA test, however a refusal is likely to have legal consequences.
A refusal may lead a Court to draw adverse inferences and in cases of disputed paternity, a court may declare a person as the biological father without further evidence.
An adverse inference means the court might assume the refusing party is hiding something that would be revealed by the test.
What is a Declaration of Parentage?
A Declaration of Parentage is a declaration that establishes or clarifies whether an individual is a parent of a child, and is used where paternity is disputed. The application is made under Section 55A of the Family Law Act 1986. Obtaining a Declaration can result in a correction or update of information to the child’s birth certificate, such as adding a father’s name, when previously it had been omitted.
The court can also make a Declaration of Non-Parentage, stating someone is not the parent. A Declaration only confirms parentage, it does not grant Parental Responsibility. Additional steps are required to obtain this, such as applying for a Parental Responsibility order or entering into an agreement with the child’s other parent.
It is possible to re-register a child’s birth?
You can re-register the birth of a child in the following situations:
- If the father is not listed on the child’s birth certificate.
- If the natural parents get married or form a civil partnership after the child’s birth.
The procedure to add the father’s details are both parents must sign a form GRO185, and attend the register office together.
For re-registration after marriage or civil partnership, both parents must complete and sign a form LA1, and only one parent needs to attend the register office.
If a declaration of parentage has been issued by a court, the General Registry Office can re-register the birth without an attendance.
Do I have to pay child maintenance if I am not a child’s father?
You are not required to pay child maintenance if you can prove you are not the biological father of the child. If there is a dispute as to paternity, the Child Maintenance Service can request a DNA test to establish parentage. If the DNA test confirms you are not the child’s father, you can apply to the Court for a Declaration of Non-Parentage. A declaration ensures that individuals who are not parents are not held liable for child maintenance or other parental obligations or responsibilities.
Can I stop child maintenance if I can’t see my child?
Child maintenance and seeing a child are separate legal issues and should not be confused. The financial support of a child is a legal obligation that continues whether or not you have contact to your child. Both parents are responsible for financially supporting their child.
If you are being prevented from seeing your child, you should continue paying child maintenance but take appropriate legal action to enforce your legal rights.
Failure to pay child maintenance can result in serious consequences such as the suspension of your driving license, or an attachment of earnings.
What are unmarried fathers’ rights regarding overnight stays?
Whilst English law states that a child should have a right to a relationship with both parents; fathers do not have an automatic right for their child to stay overnight with them.
If a mother is refusing overnight stays without good reason, a father must seek a Child Arrangements Order. The key factors that are taken into account when determining overnight stays include:
- The child’s age, maturity, emotional needs, and wishes and feelings.
- The existing relationship between the father and child, and his ability to look after the child and meet their needs.
A court will also consider practical matters such as the distance between homes, and the parents work commitments.
The court’s primary concern will always be what is in the best interests of the child, and whether the child is at risk of any harm.