Part I

Parents, Children and Guardians

Parental responsibilities and parental rights

Provisions relating both to parental responsibilities and to parental rights.
3
1
Notwithstanding section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (provision for disregarding whether a person’s parents are not, or have not been, married to one another in establishing the legal relationship between him and any other person)—
a
a child’s mother has parental responsibilities and parental rights in relation to him whether or not she is or has been married to or in a civil partnership with his father; and
b
without prejudice to any arrangements which may be made under subsection (5) below and subject to any agreement which may be made under section 4 of this Act, his father has such responsibilities and rights in relation to him only if
i
married to or in a civil partnership with the mother at the time of the child’s conception or subsequently, or
ii
where not married to
or in a civil partnership with
the mother at that time or subsequently, the father is registered as the child's father under any of the enactments mentioned in subsection (1A).
c
without prejudice to any arrangements which may be made under subsection (5) below, where a child has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008, that parent has parental responsibilities and parental rights in relation to the child;
d
without prejudice to any arrangements which may be made under subsection (5) below and subject to any agreement which may be made under section 4A(1) of this Act, where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, that parent has parental responsibilities and parental rights in relation to the child if she is registered as a parent of the child under any of the enactments mentioned in subsection (3A).
1A
Those enactments are—
a
section 18(1)(a), (b)(i) and (c) and (2)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49);
b
sections 10(1)(a) to (e) and 10A(1)(a) to (e) of the Births and Deaths Registration Act 1953 (c. 20); and
c
article 14(3)(a) to (e) of the Births and Deaths Registration (Northern Ireland) Order 1976 (
S.I.
1976/1041).
2
For the purposes of subsection (1)(b) above, the father shall be regarded as having been—
a
married to the mother at any time when he was a party to a purported marriage with her which was—
i
voidable; or
ii
void but believed by them (whether by error of fact or law) in good faith at that time to be valid;
b
in a civil partnership with the mother at any time when he was a party to a purported civil partnership with her which was—
i
voidable; or
ii
void but believed by them (whether by error of fact or law) in good faith at that time to be valid.
3
Subsection (1) above is without prejudice to any order made under section 11 of this Act or section 3(1) of the said Act of 1986 (provision analogous to the said section 11 but repealed by this Act) or to any other order, disposal or resolution affecting parental responsibilities or parental rights; and nothing in subsection (1) above or in this Part of this Act shall affect any other—
a
enactment (including any other provision of this Act or of that Act); or
b
rule of law,
by, under or by virtue of which a person may have imposed on him (or be relieved of) parental responsibilities or may be granted (or be deprived of) parental rights.
3A
Those enactments are—
a
paragraphs (a), (b) and (d) of section 18B(1) and section 18B(3)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965;
b
paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;
c
sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.
4
The fact that a person has parental responsibilities or parental rights in relation to a child shall not entitle that person to act in any way which would be incompatible with any court order relating to the child or the child’s property, or with any compulsory supervision order or interim compulsory supervision order (as defined in sections 83 and 86 respectively of the Children’s Hearings (Scotland) Act 2011 (asp 1)) that is in force in relation to the child..
5
Without prejudice to sections 4(1) and 4A(1) of this Act, a person who has parental responsibilities or parental rights in relation to a child shall not abdicate those responsibilities or rights to anyone else but may arrange for some or all of them to be fulfilled or exercised on his behalf; and without prejudice to that generality any such arrangement may be made with a person who already has parental responsibilities or parental rights in relation to the child concerned.
6
The making of an arrangement under subsection (5) above shall not affect any liability arising from a failure to fulfil parental responsibilities; and where any arrangements so made are such that the child is a foster child for the purposes of the Foster Children (Scotland) Act 1984, those arrangements are subject to the provisions of that Act.
1986 c.9.
Words in s. 3(1)(b) renumbered as s. 3(1)(b)(i) (4.5.2006) by virtue of Family Law (Scotland) Act 2006 (asp 2), ss. 23(2)(a), 46(2); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
S. 3(1)(b)(ii) inserted (4.5.2006) Family Law (Scotland) Act 2006 (asp 2), ss. 23(2)(b), 46(2) (with s. 23(4)); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
S. 3(1)(c)(d) inserted (6.4.2009 for certain purposes, otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 50(2); S.I. 2009/479, art. 6(1)(e)(2) (as amended by S.I. 2009/2232, art. 3)
S. 3(1A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 23(3), 46(2); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
S. 3(3A) inserted (6.4.2009 for certain purposes, otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 50(3); S.I. 2009/479, art. 6(1)(e)(2) (as amended by S.I. 2009/2232, art. 3)
S. 3(4) extended (temp. from 22.8.1996 to 1.4.1997) by S.I. 1996/2203, art. 4
Words in s. 3(5) substituted (6.4.2009 for certain purposes, otherwise 1.9.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 50(4); S.I. 2009/479, art. 6(1)(e)(2) (as amended by S.I. 2009/2232, art. 3)
1984 c. 56.
Words in s. 3(4) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 9(2)
Words in s. 3(1)(a) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 4(2)(a); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)
Words in s. 3(1)(b)(i) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 4(2)(b)(i); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)
Words in s. 3(1)(b)(ii) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 4(2)(b)(ii); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)
Words in s. 3(2) substituted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 4(2)(c); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)