Unmarried Fathers - What Are Their Rights?

When a relationship ends and there are children involved parents often worry about their "rights" concerning the children. This is particularly true for unmarried fathers, who often wonder if they have less rights because they are not married to their child's mother.

Mothers of all children automatically have parental responsibility for their child, which entitles them to a say in the important decisions in the child's life, such as education or consenting to medical treatment. Married fathers also automatically have parental responsibility for their biological or adopted children. Unfortunately the same cannot be said for unmarried fathers.

If a child was born before 1st December 2003 their unmarried father would only obtain parental responsibilty for the child by entering into a Parental Responsibilty Agreement with the child's mother, which has to be formally registered. Alternatively if the mother did not agree to this, a Court Order may be obtained the father parental responsibility.

If a child was born after 1st December 2003 and the father's name is on the child's birth certificate, the father will automatically have parental responsibilty for the child, like a married father. If his name is not on the birth certificate he will need to enter into a Parental Responsibility Agreement or obtain a Court  Order him this.

It is important that a father has parental responsibility for his child. If you do not have parental responsibilty for your child you should contact a specialist matrimonial lawyer like those as Pannone LLP. We can also assist with problems relating to contact (access) and residence (custody).