How does a parent get Parental Responsibility?
On the date of a child’s birth, the married parents automatically have Parental Responsibility.
Where the parents are not married to each other, the mother automatically has Parental Responsibility but the father can acquire Parental Responsibility if he acts with the mother to have his name recorded in the child's birth entry. The law changed on 1
st December 2003 to make this an automatic process, therefore all unmarried fathers who have recorded their names on the child’s birth entry on or after 1st December 2003 will have therefore acquired Parental Responsibility.
If a child was born to unmarried parents before 1st December 2003, the unmarried father can obtain Parental Responsibility in three ways.
1. By re-registering the child's birth
Automatic Parental Responsibility is also acquired on re-registration. Re-registration is the compilation of a new birth entry for the child due to the following circumstances:
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The birth was originally registered by both parents because they were not married and they have now married each other.
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The birth was originally registered by the mother only. She and the child’s biological father have now decided to add his details to the birth entry. They remain unmarried.
2. By making a Parental Responsibility agreement with his child’s mother A father may obtain Parental Responsibility for his child by entering into an agreement with the child’s mother. Such an agreement must be made in a special form and given to the Principal Registry of the Family Division to be valid.
3. By applying for a Court OrderTo find out more information or advice, click here for the
Parentline Plus website or you can seek legal advice from a solicitor who specializes in Family Law.