Rights Of A Unmarried Father |
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Most people are under the impression that a father’s parental rights are reasonably straight forward. The media makes us believe that fathers are encouraged to take responsibility for their children’s upbringing. But when a couple is unmarried, the unmarried father is in shock when it comes to paternity rights. |
Laws relating to an unmarried father are complicated. Fathers with children born after the 1 December 2003 and whose name appears in the birth certificate of the child have paternal rights and responsibilities. However, fathers who fall outside this criterion will not have the rights to contact their children, see them regularly, stay or live with them, join them on holidays or to be legally entitled to do the things they once took for granted. The mother of the child may allow the biological father to see the child, but the father will not have legal right to do so or any other rights towards the child.
There are certain ways by which the father can acquire what the law calls ‘parental responsibility’ through an agreement. A parental responsibility agreement is required for all unmarried fathers whose names are not on the birth certificate of the child, which allows the father to contact the child’s GP to discuss matters relating to the child and play an active role in the development of the child. Parental responsibility can be gained by marrying the mother of your child, entering into a voluntary parental responsibility agreement with the mother or by obtaining a parental responsibility order from the court.
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