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A Declareation of Parentage does not convey Parental Responsibility
#1
M v F and H (Legal Paternity) [2013] EWHC

Reaffirms that having your name on a birth certificate does not confer Parental Responsibility.

Parental responsibility: Re-registration by the Registrar General under s.14A does not confer parental responsibility on the father, because s.14A is not one of the enactments specified in Children Act 1989, s.4(1A) (and see Hershman and McFarlane, Children Law and Practice, A[218]-[220]).
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#2
Just to clarify, this case deal with re-registration of a birth under the Births and Deaths Registration Act 1953, s.14A.

This act subsection is not specified within the enactments section of the Children Act 1989, s.4(1A). Therefore a re-registration does not automatically confer parental responsibility to the newly registered parent (see below).

This in no way interferes with the fact that under the Children Act 1989, s.4(1A) a parent who is named on a birth certificate (in a new/first registration) DOES obtain parental responsibility.

"4 Acquisition of parental responsibility by father.

(1)Where a child’s father and mother were not married to each other at the time of his birth [F1, the father shall acquire parental responsibility for the child if—

(a) he becomes registered as the child’s father under any of the enactments specified in subsection (1A);"


To put it simply, in this rare case, the father that was originally registered on the birth certificate was found to not be the child's biological father, therefore the re-registration took place under a different act which meant that PR was not automatically obtained by the newly re-registered father. He would have to apply to court to obtain it (unless mother agreed and a “parental responsibility agreement” was in place).


The case citations of the two different acts can confuse because the subsections of the acts they refer to, at first glance, can appear to be the same - s.14A & s.4(1A). But they are different subsections of two different acts.
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