Unmarried father granted parental responsibility following mother’s death

It is of course essential that anyone caring for a child has parental responsibility for that child. As the judge in the case we are about to examine stated, healthcare decisions, dealings with public authorities, and the ordinary incidents of everyday parenting all require the certainty of a child’s carer having parental responsibility.

And in the normal course of events most parents will have parental responsibility conferred on them automatically, either because they are the child’s mother, or they are the father married to the mother, or named on the birth certificate as the father.

But in the sad circumstances of a recent case a father who would normally have expected to acquire parental responsibility automatically found himself in the position of neither being the child’s legal parent nor having parental responsibility for him.

The situation in the case was that the parents were not married, although they had become engaged in 2022. They already had one child together, and had a second child, born in June this year.

Tragically, shortly after the birth, the mother died. The child was discharged from hospital into the father’s care, and has remained in his care ever since.

Normally, when a child is born to unmarried parents who live together one would expect the father to be registered on the child’s birth certificate, which would confer parental responsibility upon him.

But in such circumstances (and without going to court) the father can only be included on the birth certificate if both parents sign the birth register, or one parent completes a statutory declaration of parentage form, and the other takes the signed form to register the birth.

Here, neither course of action was possible, leaving the father with no option but to make an application to the court.

The father therefore applied for a declaration of parentage, declaring that he was the child’s legal father, and an order granting him parental responsibility for the child.

There being no question that the father was the child’s biological parent (he had even indicated that he would willingly undergo testing if required), the judge made the declaration of parentage.

As to parental responsibility, the judge unsurprisingly found that that it was plainly in the best interests of the child for the father to have parental responsibility, and accordingly made an order to that effect.

The judgment suggests that by the time the case got to court the child’s birth had already been registered (a birth must be registered within 42 days of the child being born). If this was so, then obviously the register would have to be amended to include the father. If it was not in fact registered, then the father would be able to register it himself, having been granted parental responsibility.  

You can read the full report of the case here.

*          *          *

Family Law Cafe gives you the best strategy to achieve the right outcome for you and your family and keeps them informed and in control 24/7 through a unique and secure online portal. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.

Image: perthstagedtosell / Shutterstock.com