Following the birth of a baby, there is a lot of admin involved!
Whilst your main focus is caring for this new little person, you are legally required to register your baby’s birth within 42 days of the birth at the local registry office. The requirements for registering a birth and how the parents acquire parental responsibility differs depending on the status of their relationship and their sex, so I have gone into this in some detail below.
Parental responsibility is really important. Whilst the birth mother automatically has parental responsibility from the birth, it is the second parent who must ensure that they are properly registered.If you want to be recognised as your child’s parent it is crucial you ensure that you acquire parental responsibility and if you have any doubts get legal advice so that this is done properly.
Same-sex female couples
Female couples can include both their names on a child’s birth certificate when registering the birth and can therefore both have parental responsibility.
Same-sex females who are married or in a civil partnership
Either parent can register the birth on their own if both of the following are true:
- the mother has a child by donor insemination or fertility treatment; and
- she was married or in a civil partnership at the time of the treatment.
They will both have parental responsibility in this scenario.
Same-sex females who are unmarried or non-civil partner parents
When a mother is not married or in a civil partnership, her partner can be seen as the child’s second parent if both women:
- are treated together in the UK by a licensed clinic; and
- have made a “parenthood agreement”
However, for both parents’ details to be recorded on the birth certificate they must do one of the following:
- register the birth jointly; or
- complete a “statutory declaration of acknowledgement of parentage form” and one parent takes the signed form when she registers the birth; or
- get a court order giving the second female parent parental responsibility and one parent shows that order when she registers the birth.
There is a link to the “statutory declaration of acknowledgement of parentage form” below.
Same-sex male couples
Male couples must get a parental order from the court before they can be registered as parents.
There is a link to a “parental order” form below.
Opposite-sex couples
Opposite-sex parents who are married or in a civil partnership
Either parent can register the birth if they were married to each other in a civil partnership together at the time of the birth. Opposite-sex couples and those who are married or in a civil partnership automatically have parental responsibility when the child is born, they don’t need to be on the birth certificate to obtain this.
Opposite-sex parents who are not married or in a civil partnership
The details of both parents can be included on the birth certificate if:
- they sign the birth register together (they will both need to be present); or
- one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth; or
- one parent goes to register the birth with a court order giving the father parental responsibility.
It is important that both parents attend the registration, if the mother attends alone the father’s details cannot be registered. It may however be possible to add them on later by registering the birth.
Helpful links:
Statutory declaration of acknowledgement of parentage form:
Application to re-register a birth and add the father’s details:
Details on how to get a parental order:
https://www.gov.uk/legal-rights-when-using-surrogates-and-donors/become-the-childs-legal-parent
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