If you have a child with your cohabiting partner do you automatically have parental responsibility?

Under the current law, parental responsibility for a child’s health, education and welfare is only automatically conferred on the mother of a child, and not on a cohabiting father. However since 2003, a father can acquire parental responsibility by registering their name on the certificate of birth of the child. An unmarried father can also acquire parental responsibility by agreement with the mother by completing a parental responsibility agreement. A parental responsibility agreement takes a standard form and can be completed by any family law solicitor. A partner can also acquire parental responsibility by adopting their partner’s child.

The situation is different when it comes to providing for the child financially. Regardless of the status of parental responsibility or the registering of names on the certificate of birth, both parents are deemed to have responsibility for supporting the child financially, regardless of where the child lives. This is an ongoing responsibility until the child is 18 years of age.

In the event of a break-up, you will need to come to an agreement about the best ongoing care for your children in terms of both residency, where they should live, and contact, how often the other partner should be able to see them. Your family law solicitor can advise you on the appropriate way to approach such negotiations to ensure the best outcome for you and your children.

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