Are you a father without parental responsibility? Here’s what to do next

While a mother automatically gains parental responsibility for her child when she gives birth, sometimes the position for the biological father can be more complicated.

Problems can arise if you are not named on the birth certificate or were not married to the mother, or in a civil partnership, when the baby was born. This means you do not have automatic legal parental responsibility.

This can feel bewildering and isolating but you do have options and there are legal steps you can take to obtain parental responsibility.

What exactly is parental responsibility?

Parental responsibility is all the duties and obligations you have towards a child as a parent.

This covers everything from food, shelter, safety and financial provision to education, religion, discipline, medical treatment, the name by which the child should be known and where they should live.

If you have parental responsibility, you are allowed to make or share in important decisions affecting your child's upbringing.

What does not having parental responsibility mean for a father?

Without parental responsibility, your legal rights and influence may be limited. For instance, you can’t:

• Make important decisions for the child like choosing where they go to school or what medical treatment they have.
• Stop the mother removing the child from the country.
• Automatically be consulted about the child’s welfare if social services become involved.

How do you gain parental responsibility as a father?

There are three main ways to do this:

A Parental Responsibility Agreement

If the mother of the child agrees, you can fill in a Parental Responsibility Agreement together.

This form records an agreement that you as biological father should be granted parental responsibility for the child. It must then be signed in the presence of a court officer or magistrate.

A Parental Responsibility Order

If you and the mother of the child can’t agree, you can apply to the Family Court for a Parental Responsibility Order (this does not cover child arrangements which must be done separately).

You must first go to a Mediation Information Assessment Meeting with a mediator who will confirm to the court that you attended.

In coming to a decision, in the best interests of the child, the court will look at:

• Your commitment to the child.
• The attachment between you and the child.
• The reasons for your application.

If the order is granted, you will share legal rights and responsibilities with the child’s mother including decisions about healthcare, education and upbringing.

Being registered as father

It is sometimes possible to add the father’s details to the child’s birth certificate through a process known as re-registration.

This can be done by the mother adding your details if she wants to do so or as a result of the court’s decision to approve a Parental Responsibility Agreement or grant a Parental Responsibility Order.

This means you automatically gain parental responsibility.

What if there is a dispute over fatherhood?

In this scenario, you – or the mother of the child – can apply for a declaration of parentage.

This may involve statements, background information and possible DNA testing.

If granted, you will then be able to make an application for parental responsibility or to change the child’s birth certificate and include your name as the child’s father.

What makes Wards Solicitors’ family lawyers different?

We understand that being a parent is much more than the legal position. The relationship a child has with its parents is an emotional and psychological one. Even if you aren't a legal parent or have parental responsibility, your relationship with the child is important whether you are in a same sex, female same sex or heterosexual relationship.

Whether you are in a relationship or have separated, we can advise you about your legal status and how or whether you should acquire parental responsibility. We also work closely with our Wills and Mental Capacity Team to make sure that you and your family are protected in the future.

When a relationship ends, we can advise and support you in making arrangements for your children by agreement. Where this isn't possible, we can advise and represent you in connection with court proceedings.

Get in touch

Please contact any member our highly experienced Family Law and Divorce Team for help and more information.

Not only has Wards Solicitors been named as Bristol Law Society’s Regional Firm of the Year 2025, our Family Law practice is highlighted as a recommended service in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals.

In most cases, we offer a free half hour introductory appointment.