Parental responsibility acquisition by father, CA 1989 s.4
Father acquires parental responsibility for the child if registered as father, makes agreement with mother, or court orders. Ceases only by court order.
Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth , the father shall acquire parental responsibility for the child if— he becomes registered as the child’s father under any of the enactments specified in subsection (1A); he and the child’s mother make an agreement (a “ parental responsibility agreement ”) providing for him to have parental responsibility for the child; or the court, on his application, orders that he shall have parental responsibility for the child. The enactments referred to in subsection (1)(a) are— paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953; paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976. The Secretary of State may by order amend subsection (1A) so as to add further enactments to the list in that subsection. No parental responsibility agreement shall have effect for the purposes of this Act unless— it is made in the form prescribed by regulations made by the Lord Chancellor; and where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner. A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders. The court may make an order under subsection (2A) on the application— of any person who has parental responsibility for the child; or with the leave of the court, of the child himself, subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4). The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision explains how the father of a child can get parental responsibility when he and the mother were not married or in a civil partnership at the time of the child's birth. Parental responsibility means all the legal rights, duties, powers, and authority that a parent has for a child. The father gets parental responsibility automatically if he is registered as the child's father on the birth certificate under certain birth registration laws (see subsection (1A)). He can also get it by making a formal agreement with the mother (a 'parental responsibility agreement') that follows a set form and recording rules. Or a court can grant it on his application. Once the father has parental responsibility, it can only be removed by a court order – he cannot give it up himself. The child can also apply to the court to remove the father's parental responsibility, but only with the court's permission and if the child is old enough to understand.
When it applies
- An unmarried father whose name is not on the birth certificate wants to be added so he automatically gains parental responsibility.
- An unmarried father and the mother decide to sign a parental responsibility agreement to give him legal rights.
- An unmarried father applies to court for parental responsibility after the mother refuses an agreement.
- A father who previously acquired parental responsibility now wants to end it – he must ask the court, as he cannot simply renounce it.
- A child wishes to apply to court to end their father's parental responsibility, requiring the court's leave and the child's sufficient understanding.
What this section does not say
- This section does not cover how a mother acquires parental responsibility – she automatically has it from birth.
- It does not cover the situation where the parents were married at birth – in that case the father already has parental responsibility.
- It does not cover step-parents or other individuals acquiring parental responsibility – those are dealt with under other sections of the Children Act 1989.
- It does not explain the effect or content of parental responsibility – only the ways to acquire and lose it.
Related sections
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This page reproduces the text of CA 1989 s. 4 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.