Who Has Parental Responsibility?
You have it automatically if you are: • the biological mother of the child • the biological father of the child, and were married to the mother at the time of conception or birth, or you married the mother after the birth of the child • you are adoptive parents once an adoption order is made. Even if the marriage breaks down, both father and mother will continue to have parental responsibility. Unmarried fathers did not have the same rights and responsibilities as a married father. However a new Act, the Adoption and Children Act 2002, now gives an unmarried father parental responsibility where he and the mother register the birth of their child together. But the Act is not retrospective, so unmarried fathers with children born before 1st December 2003 can still only get parental responsibility agreement, wither by: • making an agreement with the mother • or by applying to the court for a parental responsibility order.
