Parental Responsibility: Unmarried Dads' Rights
Seven in 10 people in this country wrongly believe that the father of a child automatically has a say in his child's future, regardless of whether he is married or not. But many fathers who weren’t automatically given parental responsibility (PR) on their child’s birth, and haven’t applied for it, would be surprised to find that they don’t have to be consulted on their child’s education, religion or even name!
You have PR automatically if...
You're the mother
You have adopted the child
You're the dad and you are married to the child’s mother
If your child was born since 1 December 2003, and you are registered on the birth certificate as the father
You don't have it if...
You're not married to the child's mother and haven't been registered on the birth certificate since 1 December 2003
You're registered as the father on the birth certificate, but your child was born before 1 December 2003 and you haven't applied for a parental responsibility order.
You're not the natural or adoptive parent, but your partner is
He's called what?!
If the child’s mother dies and it would be best for the child to live with you, you’ll need to apply to the courts for PR – which is stressful and time consuming at a time when you’ll least be able to cope with it.
Having parental responsibility also entitles you to:
Choose the child's schools
Choose the child's name
Choose the child's religious upbringing
Consent to the child's medical treatment
Decide where the child will live
Consent to the child's marriage
(if child is under 18)
Consent to the child's adoption
Apply for a passport for the child
If the child is entitled to any property,
you have the right to look after it on
his/her behalf.
It doesn’t mean you have to pay maintenance – parental responsibility and child support are entirely unrelated. How to get PR
If you are the natural father of a child who was born before December 2003 but no father is registered on the birth certificate, you can re-register the birth, adding your
details (go to www.gro.gov.uk for more details). This option isn't open to fathers whose children were born before December 2003 and who
are already registered on the birth certificate. (Note - this is not the case in Scotland where you need to get a court order or PR agreement agreed by the mother).
If you are the natural father, and the child's mother agrees to you having PR,
you can make a PR agreement with her and get it witnessed by the court.
If you are unable to add your name to the birth certificate, or it's already on the birth certificate pre December 2003, and your child's mother
refuses to make an agreement, you can apply to the court for a Parental Responsibility
order. (Go to the Government's Court Service site for more details).
You can get PR for your partner's child if that child lives with you, by asking the court
for a Residence Order (go to www.advicenow.org.uk/livingtogether) for more information.
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