Part I Introductory

I14 Acquisition of parental responsibility by father.

1

Where a child’s father and mother were not married to F5, or civil partners of, each other at the time of his birth F1, the father shall acquire parental responsibility for the child if—

a

he becomes registered as the child’s father under any of the enactments specified in subsection (1A);

b

he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or

c

the court, on his application, orders that he shall have parental responsibility for the child.

F21A

The enactments referred to in subsection (1)(a) are—

a

paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;

b

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

c

sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

C11B

The F3Secretary of State may by order amend subsection (1A) so as to add further enactments to the list in that subsection.

2

No parental responsibility agreement shall have effect for the purposes of this Act unless—

a

it is made in the form prescribed by regulations made by the Lord Chancellor; and

b

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.

F42A

A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

3

The court may make an order under subsection (2A) on the application—

a

of any person who has parental responsibility for the child; or

b

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).

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.