Parental Responsibility Agreements
Find out what a parental responsibility
A parental responsibility agreement is an agreement made between a mother and father to allow him to have Parental Responsibility if they are not married or in a civil partnership. Both parents will need to agree to its terms for this to work.
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There are a few ways that a father can obtain Parental Responsibility if they are not married to the mother:
- Agreement with the child’s mother – this has to be witnessed in accordance with legal requirements
- By marriage – marriage after the child’s birth gives the biological father parental responsibility
- Registration on the birth certificate – as the child’s natural father
- By Parental Responsibility Order from the Court – the Court can make an order granting responsibility
If the mother refuses to give the father any Parental Responsibility or register him on the birth certificate then he can apply for a Parental Responsibility Order.
The Court will consider factors such as:
- The father’s degree of commitment to the child
- The state of the father’s current relationship with the child
- The reason for making the application
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Esra is a solicitor based in the family department.
Jessica is an Associate Solicitor and has specialised in family law throughout her career