Unmarried Fathers' Legal Rights

 

An unmarried father has few legal rights with regard to his children unless he has a legally binding Parental Responsibility Agreement or a Parental Responsibility Order. He does have the right to make applications for contact etc. through the court.

"Married or not, you do not have any rights to your child, you have responsibilities. Your child has the right to grow up with the love and care of both parents. It is your responsibility to protect the rights of your child".

An unmarried father who jointly signs the birth register with the mother from 1st December 2003 now has Parental Responsibility. This does not apply to children born before the legislation was passed, although it is a common misconception.

An unmarried father without Parental Responsibility has no right to act on the child's behalf (except in emergency) or to be consulted over which school the child attends, which religion, if any, (s)he is brought up in, what medical treatment (s)he receives, what name (s)he is known by, or whether (s)he is put up for adoption. An unmarried father cannot get a passport for the child or access official documents or school/medical records. He remains liable to pay the Child Support Agency on demand and may have money deducted from his wages.

We advise all unmarried fathers to seek a Parental Responsibility Agreement with the mother and to apply for a Parental Responsibility Order if she is unwilling to agree.

Read the FNF Response to the Government's Consultation Paper on Paternity and Parental Responsibility for Unmarried Fathers (April 1998).

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Updated 21 February, 2005