Information for Birth Fathers

Divorced or separated fathers

If a married couple have a child and then separate or divorce, both birth parents have parental responsibility for their children.

The law seeks to ensure that divorced or separated couples agree suitable arrangements as to where a child should live and with whom they should have contact.

Unmarried fathers

If a couple are unmarried and have a child, the mother automatically has parental responsibility.

Children registered before 1 December 2003

If the father’s name appears on the birth certificate, this confirms that he is the father of the child but it will not automatically give him parental responsibility.

A birth father can seek parental responsibility in two ways:

By marriage to the mother
By applying for a parental responsibility order or through a parental responsibility agreement drawn up between the birth parents

Children registered after 1 December 2003

The father will automatically have parental responsibility if his name appears on the birth certificate.

Getting the father’s name on the birth certificate

A birth father can get his name put on the certificate if the mother agrees or if a court order is granted.

Loss of parental responsibility

An unmarried father can lose parental responsibility if another parent with parental responsibility makes a successful application to the Court.

A decision of this sort is likely to take into account the degree of commitment he has shown to the child and the level of attachment the child has to the birth father.