UKCan a father automatically get parental responsibility?
No, a father does not automatically get parental responsibility unless he is married to the mother at the time of the child’s birth or subsequently marries her — otherwise, he must acquire it through agreement, court order, or registration on the birth certificate (if registered after 1 December 2003).
What the Law Says
The Children Act 1989 sets out who has parental responsibility and how it can be acquired. For unmarried fathers, automatic parental responsibility is not granted — unlike mothers, who always have it from birth.
Under the Children Act 1989, only mothers automatically acquire parental responsibility at birth. Unmarried fathers do not — unless they are registered on the child’s birth certificate on or after 1 December 2003 (in England and Wales), or they later marry the mother.
Section 4 of the Act outlines how an unmarried father may obtain parental responsibility: by entering into a formal parental responsibility agreement with the mother, or by obtaining a court order. The law treats married and unmarried fathers differently — marriage to the mother at the time of birth (or afterwards) confers parental responsibility automatically.
Parental responsibility includes rights and duties relating to the child’s upbringing — such as consenting to medical treatment, choosing their school, or applying for a passport. It is not the same as day-to-day care or contact rights.
Statutory TextThe father of a child has parental responsibility for the child if he is married to the mother at the time of the child’s birth or subsequently marries her.
— Children Act 1989, s. 4 — Father’s acquisition of parental responsibility
What to Do
If unmarried and not on the birth certificate: register jointly with the mother at a register office to enter into a parental responsibility agreement.
If the mother refuses to agree: apply to court for a parental responsibility order using Form C1.
If you later marry the mother: parental responsibility is acquired automatically upon marriage — no further action needed.
If your child was born before 1 December 2003 and you’re not married: you cannot gain PR via birth registration — use agreement or court order instead.
Sources
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IndiaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.