Unmarried fathers' rights: getting parental responsibility

Where an unmarried father starts

If you were not married to, or in a civil partnership with, the mother when your child was born, she has parental responsibility and you have it only once you acquire it^[1]. Parental responsibility means all the rights, duties, powers and authority a parent has for a child^[10].

If you later marry the mother, or form a civil partnership with her, you get parental responsibility too^[2]. There are three other routes, set out below^[2]. What parental responsibility lets you do is on fathers' rights.

Adding your name after the birth

If you were not married to the mother and the original registration shows no father, the birth can be re-registered to add you^[13]. You apply on form GRO 185; re-registering is free, but a new birth certificate has to be ordered and paid for separately^[13].

If the mother will not co-operate, one parent can re-register with a court order or a parental responsibility agreement^[13]. If a court makes a declaration of parentage, it tells the General Register Office and the birth is re-registered without a separate application^[13]. The three ways to re-register^[13]:

Applying to court for parental responsibility

If the mother will not agree, you can apply for a parental responsibility order on Form C1^[11]. The court fee is £270, the same as for a C100^[6]. Help with Fees may reduce it if you are on a low income or benefits^[15].

The court's paramount consideration is your child's welfare, and it makes an order only if that is better for the child than none^[16]. It presumes your involvement will further your child's welfare unless the evidence shows otherwise, provided you can be involved without putting the child at risk^[17].

An application for a parental responsibility order is covered by the MIAM requirement, like a child arrangements order^[18]. Because Form C1 has no MIAM section of its own, Form FM1 goes with it to confirm your attendance or explain why you did not attend^[19]. If you are applying for a child arrangements order at the same time, the C100 carries its own MIAM section^[20].

Cafcass, or Cafcass Cymru in Wales, looks after your child's interests in the case, carrying out checks with the local authority and the police and advising the court^[21].

The Courts and Tribunals Bill would remove that presumption; it was before the House of Commons on 14 May 2026 and is not yet law^[22].

Child arrangements orders and parental responsibility

A child arrangements order decides who your child lives with and spends time with^[11][25]. If it says your child lives with you, the court must also give you parental responsibility; if it says your child spends time with you, the court must decide whether you should have it^[26].

Before applying you usually need to attend a MIAM with an authorised family mediator^[27][28]. It typically costs £120–£150 per person^[29]. If you attend and the mother does not, you can still apply^[8]. More on the child arrangements order and what a MIAM is.

If there has been domestic abuse, a MIAM exemption may apply^[30]. See domestic abuse support.

Maintenance and time with your child are separate

GOV.UK says child maintenance is a financial arrangement between the parents, and that arrangements to see your child are made separately^[32]. Both parents are responsible for the costs of raising their children, even if they do not see them^[32].

So paying maintenance does not by itself give you time with your child, and not seeing your child does not end the duty to pay^[32]. If you are the parent who does not live with your child, the child maintenance calculator shows what the Child Maintenance Service is likely to work out^[24].

The position of an unmarried mother

An unmarried mother has parental responsibility from birth^[1]. She can register the birth without the father, in which case his details are not recorded^[12].

Her parental responsibility does not by itself decide where the child lives or how much time the child spends with each parent^[33]. If the parents cannot agree, either of them can apply for a child arrangements order, and the court decides on the child's welfare^[3][16]. Both parents are responsible for the costs of raising their child^[32].

Parental leave at work

Unpaid parental leave is open to employees who are named on the child's birth certificate, or who have or expect to have parental responsibility; since 6 April 2026 it has been available from the first day in a job^[39]. An employee can take 18 weeks for each child up to their 18th birthday, usually no more than 4 weeks a year per child^[39].

Unmarried fathers' rights in Scotland

Scotland has different rules^[41]. The Scottish term is parental responsibilities and rights (PRRs)^[42]. An unmarried father has PRRs if he is registered as the father on or after 4 May 2006^[42].

Otherwise he can get them by signing and registering an agreement with the mother, or by a court order, for which the mother's consent is not needed^[43]. For Scots law on contact, see grandparents' rights in Scotland.