Parental Responsibility: you and the law

It's how the law recognises you as the legitimate father of your child, so it's worth making sure you've got it. Dad Info explains all...

What is Parental Responsibility?

Parental Responsibility means exactly what it says on the tin. It directly refers to the duties, obligations and rights that you have regarding the upkeep of your new addition.

Very basically, if you have Parental Responsibility, you are a parent in the eyes of the law. If you don't, you'll not be an official parent, even if you are the biological father.

How do I get it?

Basically:

• If you're married to the mum, you get it automatically.
• If you're unmarried, and you sign the birth certificate, you get it; if you don't sign, you don't get it.  
• How is the birth registered  

The detail:

There's a simple check list to go through to find out whether you have Parental Responsibility:

1. The birth certificate. If you're on it, and it was issued since 1st December 2003 (4th May 2006 in Scotland) then there's no problems - Parental Responsibility is automatic
   • N.B. If you weren't on the birth certificate, you can re-register the birth - and that will give you Parental Responsibility
2. If you're married to the mother of your child, Parental Responsibility is automatic
3. If the certificate relates to a birth before this date and you're not married, then don't despair - there are a number of ways that you can get Parental Responsibility. They are, as follows:

• Marry the mother.
• Re-register the birth.

• Co-Sign a Parental Responsibility Agreement with the mother, and submit it to the court.

• Obtain a Parental Responsibility Order from the courts*

...or finally

• Become the child's guardian upon the mother's death.

It's worth noting are that PR doesn't have to be exclusive to Mum and Dad - Grandparents are granted the right in some situations, and so are same-sex partners, step-parents and other folks who have day-to-day care of kids. This doesn't remove PR from the mum or dad.

* In order to obtain a Parental Responsibility Order from the courts, you may need to get a solicitor. Families Need Fathers.

Why does Parental Responsibility matter?

Your child's rights
The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents. The UN Convention on the Rights of the Child

Signing the birth certificate (and getting PR) is really important to your child - as the UN Convention on the Rights of the Child states:

"The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents."

Having PR is also important to you. It gives you the legal authority to make decisions about important aspects of your child’s life. These can include their name, school, religious upbringing and place of residence.

Fathers without PR can’t authorise medical treatment for their children (except in emergencies), see their medical records, manage any money they’ve inherited, or prevent their adoption or change of surname or removal abroad.

Of course, if everything's rosy between you and mum, you'll have a say in these things as a matter of course. But if things change in the future, having Parental Responsibility is the legal guarantee that you're at least allowed through the door of the court to discuss your child's future. Without it, you'll spend your time trying to get it.

If you're separated

You will need to have Parental Responsibility in order for the court to recognise you as the child's father, and they'll have to do this before you can be involved in court decisions about their future, such as which school they go to, which country they live in, what their surname is etc.

Having PR does not, in itself, entitle a parent to live with or see their child; but a father who has it may be regarded more favourably by a court, if this issue comes to it.

Having PR doesn’t make you liable for paying child support: if you are recognised as the biological father, you will have to pay child support – whether or not you have PR.

Author

Tom Beardshaw is a co-founder and the Publisher at Dad Info, creating the website and the things we print. He lives and works in Cardiff raising his son and supporting his other lad in South Africa. Find his blog at www.tombeardshaw.com.

Your experiences

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