Jennifer Smith – Parental Responsibility and Declarations of Non-Parentage: A Non-Biological Father named on a Child’s Birth Certificate.

Parental responsibility is a concept applicable to all private and public law children cases, but what happens when a non-biological father has acquired parental responsibility by being named on the birth certificate as the child’s father? There are circumstances in which the mother names her partner on her child’s birth certificate in the knowledge that they are not the child’s biological father, which will lead to him acquiring parental responsibility for the child – but what happens if the mother and her partner separate, and she no longer wants him to have the legal rights and parental responsibility for her child? Or what happens if she does not oppose her now ex-partner retaining parental responsibility if he has raised the child as his own as the child’s ‘psychological/emotional parent’ – does it remain correct as a matter of law that he should retain parental responsibility for the child?

Jennifer was recently instructed on a case, click here to read more.

Read more about Magdalen Chambers here.