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Dads Rights

Birth father's rights

Is the mother of your child giving him/her up for adoption? Want to stay in the picture but bewildered by what to do? askcab steers you in the right direction...

Do I have any rights?


Mothers can't give up the child for adoption until six weeks after its birth.

If you are married to the mother you have automatic rights to be at the hearing.

An unmarried father can stop the adoption of your child if you have a parental responsibility order or a parental responsibility agreement. You can then apply to be joined as a party to the adoption proceedings, which means you will have a say in court. There is a new Adoption and Children bill currently making its way through parliament, which will abolish the need for Parental Responsibility Orders (see below for more.) You will be asked to give your consent for the adoption to go ahead, however, if you cannot be found then your consent is not needed.

If you do not consent the court has the power to override this refusal and still make an adoption order.

Parental Responsibility

  • Under the current law, if parents are not married, the mother is treated as the child's sole parent but from the 1st December 2003 new rules apply to unmarried fathers gaining parental responsibility. Now if you are on the birth certificate you will have parental responsibility with the mother. Even if your child was registered before that date you can get your name put on the certificate if the mother agrees or as now you get an order through the courts or the mother.


What does Parental responsibility mean?

  • It means that if you can have a say in your children's education, health and welfare.


  • It allows you to make decisions about the children and means that you are to be kept informed about anything affecting the children.


  • It is not always necessary to go to court to get a Parental Responsibility Order, your partner can agree to give you this by signing an agreement. This is known as a 'Parental Responsibility Agreement'.


  • These agreements can be drawn up by a solicitor and must be witnessed by a court official or magistrate.


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     Jurisdiction >>     		Last updated & checked:
    30/03/2006
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