What Are My Parental Rights as an Unmarried Partner in the UK?

Family law recognises the importance of both parents in a child’s life, regardless of whether the parents are married. However, many unmarried couples are unsure of their legal standing when it comes to their children. The law surrounding parental rights can be complex, and it’s important to understand how your rights are affected if you are an unmarried parent or in a relationship with someone who has children from a previous relationship. In this article, we outline your parental rights as an unmarried partner and explain how you can secure and protect your legal position as a parent or parental figure.

Unmarried parents have the same responsibilities towards their children as married couples, especially when both are involved in the child’s life. However, the legal rights of unmarried partners depend largely on parental responsibility — a legal status that allows someone to make decisions about a child’s upbringing, education, health, and welfare.

While both parents are often involved in their child’s care, only those with parental responsibility have the legal authority to make key decisions. This is where differences between married and unmarried parents can arise.

There can be differences, particularly in how parental responsibility is automatically granted. When a married couple has a child, both the mother and father automatically have parental responsibility. However, for unmarried parents, the situation is different. The mother automatically has parental responsibility but the father only has automatic parental responsibility if he is named on the birth certificate (for children born after 1 December 2003 in England and Wales). If an unmarried father is not named on the birth certificate, he will not have legal parental rights unless he takes further steps to acquire them.

Parental responsibility is a legal term that refers to the rights, duties, powers, responsibilities, and authority a parent has in relation to a child. This includes making decisions about education, medical treatment, name changes, and living arrangements. Having parental responsibility means you have a say in these matters, and without it, your legal authority is limited — even if you are actively involved in the child’s life.

As noted, the birth mother always has parental responsibility automatically. An unmarried father can obtain parental responsibility in the following ways:

• Being named on the birth certificate (after December 2003)
• Entering into a Parental Responsibility Agreement with the mother
• Applying to the family court for a Parental Responsibility Order

In same-sex relationships, both parents may have parental responsibility if they are in a civil partnership or if the non-birth parent has obtained legal recognition through the appropriate channels, such as adoption or a court order.

If you are an unmarried parent and do not automatically have parental responsibility, you can obtain it in the following ways:

Re-registering the birth – If the father’s name was not originally on the birth certificate, the parents can re-register it to include the father’s name.

Parental Responsibility Agreement – This is a formal, written agreement between the mother and father. It must be signed and witnessed at a family court.

Court Order – If the mother does not consent to granting parental responsibility, the father can apply to the family court for an order.

In each case, the court will assess whether granting parental responsibility is in the child’s best interests.

If you are in a relationship with someone who has children from a previous relationship, you do not automatically have any legal rights or responsibilities for those children — even if you help raise them. However, you can gain rights in certain circumstances by:

• Applying for a Child Arrangements Order (to spend time with or live with the child)
• Becoming a legal guardian through a court appointment
• Adopting the child (which permanently transfers parental responsibility)

Courts will always prioritise the child’s welfare, and if you have played a parental role, your involvement may be recognised during legal proceedings.

After separating, unmarried parents have the same legal obligations to their children as married parents. These include the right to see their child (contact), the duty to financially support their child, and the ability to apply for court orders regarding contact or residence.

If both parents have parental responsibility, decisions about the child’s welfare must still be made jointly. If there is disagreement, either parent can apply to the court to resolve disputes through a Specific Issue Order or a Prohibited Steps Order.

Even without parental responsibility, an unmarried parent can apply to the court for contact with their child, and courts are generally supportive of maintaining meaningful parent-child relationships.

Unmarried parents may not always have the same automatic legal rights as married couples, but the law does provide pathways to obtain parental responsibility. If you are unsure of your rights as a parent, speaking to a specialist family law solicitor can help you navigate the legal process and protect your relationship with your child.

Need advice about your parental rights as an unmarried parent? Our specialist family law solicitors in Milton Keynes can provide expert guidance tailored to your situation. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.