Unmarried fathers rights

Unmarried fathers in the UK parental rights in separation changed in 2003 when the legal status of “Parental Responsibility” was automatically given to any father whose name appeared on the birth certificate of any child born on or after 1st December 2003.

Unmarried fathers and Parental Responsibility

If the child was born before that date, an unmarried father does not have Parental Responsibility even if their name appears on the birth certificate. Parental Responsibility is a legal status that is conferred on a parent and establishes them as a parent of the child under the law: Find out more about Parental Responsibility.

Therefore, whether or not you have Parental Responsibility as an unmarried father depends on whether your child was born on, after or before 1st December 2003, and whether your name appears on the child’s birth certificate. This table summarises the options:

Which unmarried fathers have “Parental Responsibility”?

Does your name appear on the birth certfiicate? Yes No
Child born before 1st December 2003 No No
Child born on or after 1st December 2003 Yes No

Having Parental Responsibility for a child means that in law, you have the same rights as any other parent. You should recognised by courts, schools, hospitals and any other public institution as a legal parent. It is the baseline of legal recognition.

If you don’t have Parental Responsibility for your child and you want to get it, there are two routes: Either you can sign a Parental Responsibilty Agreement with the child’s mother, if she agrees to, or you can ask a court to issue a Parental Responsibility Order.

Further reading:

How do I get Parental Responsibility?

Hide comments (7)


  • Guest
    Karl egington Monday, 25 July 2016

    Does this also apply if my children were born in Ireland but brought here without me knowing by the mother. We are uk born but lived in ireland. My name is on all birth certs

  • DAD.info Team 2
    DAD.info Team 2 Tuesday, 26 July 2016

    Hi Karl

    Thank you for getting in touch - I recommend you check out the following website for more information on this subject:


    Kind regards

    The Dad.info Team

  • Guest
    joshis kent Monday, 08 August 2016

    child maintenance

    I have just started full tim work, after being on esa I have 1 daughterand separated I want to know how much I must pay every week as its woying me time I pay rent, bills etc how much will they expect from me also council tax I live alone now.

  • Guest
    clare Saturday, 31 December 2016

    fathers rights


    Any information would be valuable. My son has his little boy born 2011 living with him and had him over 6 months as my son's ex (not married) couldnt cope with looking after him. Out of the blue today the ex has demanded the child back my son is obviously upset as my grandson is very settled and happy living with his dad. I'd appreciate any help in this matter

  • Guest
    Steve Sunday, 15 January 2017

    immigration medical

    Can I get a court order to get my daughters mother to take her for an immigration medical, we were never in a relationship , it was one of those one night things

  • Guest
    Sarah bennett Friday, 03 February 2017


    How do I get my daughter back from her dad's visit. He is not on the birth certificate and I was never married to him

  • Guest
    diane Tuesday, 11 April 2017


    my son has a daughter with his ex , she was one in january , when they split and asked to see his daughter , she refused accused him of harassing her and had a restraining order taken out, she has always refused to put his name on her birth certificate and when it suits her she tells my son he is not the father but refuses to do a dna test , my son is heartbroken as am i , i have not seen her for 11 months

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Guest Saturday, 29 April 2017