Biological Father

In England and Wales if the parents are married to each other when their child is born then both parents have parental responsibility over the child. This responsibility remains if the parents divorce. However the matter is different if the couple are not married. The current law stipulates that the mother always has parental responsibility and the biological father does not.

The only way the father can claim parental responsibility is via the following three routes

• to jointly register the birth of the child with the mother (from 1st December 2003) so to identify him as the father of the child

• by a parental responsibility agreement with the mother

• by a parental responsibility order whereby the father applies to court for an order confirming his paternity

In essence therefore, the biological father has the right to insist that his name appear on the birth certificate as the father of the child but if the mother refuses for any reason to that request, the biological father can apply to court.

Unfortunately the legislation is silent on the right of the biological father to insist that the child bears his surname.

As the law appears to currently stand, this remains the choice of the mother concerning the child born out of wedlock and the biological father has no legal right to insist on this.

Visit http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954 for more information regarding this subject as the law varies in Scotland and Northern Ireland.