Ask Karen: Although we are not married, my partner is pregnant with my child. We are living together at the moment. If we were to split up I’m worried about what rights I would have when the child is born?

Even if you are the child’s biological father, under current law (Children Act 1989) a father not married to the child’s mother at the time of birth, or subsequently, may have no legal rights whatsoever to that child.

To automatically have parental rights and responsibilities for a child born after 1st December 2003 your name must appear on the child’s birth certificate. If it doesn’t, unless the mother agrees or you obtain an order from the Court, you will not have the right to have contact with the child or to be involved in all the responsibilities and decisions in bringing up the child. This is known as parental responsibility.

If you have parental responsibility for a child you will have the ability to make and be involved in all significant decisions relating to the child. These include education, religious upbringing, whether or not to take the child abroad and medical treatment.

It does not however mean that if you are not living with the mother and the child you can interfere on a daily basis with matters such as bedtimes, watching television, discipline etc. These should be left to the person with day to day care of the child.

If your name isn’t on the birth certificate you can still acquire parental responsibility by drawing up a parental responsibility agreement with the mother, marrying the mother or getting a court order.

A court is likely to grant parental responsibility to an unmarried father if he can show commitment to the child, a genuine attachment and the right motivation.

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