Sharing Parental Responsibilities - Important Changes in the law for unmarried fathers

Parental responsibility is a legal term defined as ‘the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’ (section, 3(1), Children Act 1989).

Until recent changes in the law, this responsibility was only automatically conferred upon mothers and married fathers. Unmarried fathers could only gain parental responsibility through:

• A parental responsibility agreement with the mother
• A parental responsibility order from a court
• Appointment as the child’s guardian
• Marrying the mother

From 1 st December 2003, unmarried fathers are able to get equal parental responsibility simply by both parents registering the birth together.

Parental responsibility gives important legal rights as well as a say in your child’s welfare. Decisions on medical treatment, education, where your child lives and even the name by which your child is known can all be influenced by whoever has parental responsibility.

If yours is a complex situation, seek legal advice.