However, whilst a child’s mother easily obtains parental rights and responsibilities (PRR), the same cannot be said for the child’s father.
A child’s mother automatically obtains PRR on the birth of the child; however, the father only gets these if certain criteria are met. These are determined by the geography of the United Kingdom, and where the birth is registered.
In England and Wales, a father will obtain PRR if he is married to the child’s mother at the time of birth.
Before 1 December 2003, if they were not married, the mother would have had to enter into an agreement with the father giving him these rights. Alternatively, the father would need a court order. From 1 December 2003, fathers could obtain PRR simply by being named on the child’s birth certificate.
In Scotland, a father has PRR if he is married to the child’s mother at the time of conception, or marries her at any point after that. Similar to the situation in England, if the parents were not married then he could obtain PRR by being named on the birth certificate — from 4 May 2006 onwards — or before that, by agreement or court order.
In Northern Ireland, a father has parental responsibilities if he is married to the mother at the time of the child’s birth; however, to complicate matters even more, if they are unmarried at the time of the child’s birth but then marry after, the father will obtain these rights if he is living in Northern Ireland at the time of marriage.
From 15 April 2002, like Scotland, Wales and England, he can acquire these rights by being named on the birth certificate.
So what are they?
Parental rights and responsibilities include
Safeguarding and promoting the child’s health, development and welfare
Providing direction and guidance in a manner appropriate to the child’s age and stage
Maintaining personal relations and direct contact with the child on a regular basis (assuming the child is not living with the parent)
The ability to act as the child’s legal representative. For example, deciding where he or she should go to school, what religious faith they should follow, and whether they should have specific medical treatment
In summary then, parental rights and responsibilities can be difficult to obtain, and sometimes agreements need to be drawn up to give a father these rights, so seeking early advice is essential.
