Section 4 Acquisition of parental responsibility by father.I1

England and Wales

(1)

Where a child’s father and mother were not married to F1, or civil partners of, each other at the time of his birth F2, 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.

F3(1A)

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.

C1(1B)

The F4Secretary 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.

F5(2A)

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.

Annotations

Textual amendments

F1: Words in s. 4(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(3)
F2: Words in s. 4(1) substituted (1.12.2003) by 2002 c. 38, ss. 111(2), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
F3: S. 4(1A)(1B) inserted (1.12.2003) by 2002 c. 38, ss. 111(3), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
F4: Words in s. 4(1B) substituted (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), art. 6, Sch. para. 1
F5: S. 4(2A)(3) substituted (1.12.2003) for s. 4(3) by 2002 c. 38, ss. 111(4), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

Modifications

C1: S. 4(1B): transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 3(a), 4

Commencement

I1: S. 4 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)