Parental Responsibilities and Rights

A child’s biological mother has automatic Parental Responsibilities and Rights.  A child’s Father has Parental Responsibilities and Rights in relation to a child only in certain circumstances.

 

Married fathers have automatic Parental Responsibilities and Rights.  Unmarried fathers only have Parental Responsibilities and Rights if named on the child’s Birth Certificate (post-May 2006).  Those fathers without Parental Responsibilities and Rights can acquire them by way of an agreement being entered into with the child’s mother in terms of Section 4 of the Children (Scotland) Act 1995 or, alternatively, by applying for a Court Order. The Court can make an Order regulating the Parental Responsibilities and Rights in respect of any child under the age of 16 years.  The Court can grant Parental Responsibilities and Rights to any person having a relevant interest.