M (a Mother) v F (a Father)

M (a Mother) v F (a Father)

Cessation of parental responsibility acquired by virtue of being named on the birth certificate is not an automatic consequence of re-registration or declaration of non-parentage; a welfare analysis is required, and in this case, making no order is better for the child than making an order to remove and regrant PR.

Parties
Claimant: M (a Mother); Defendant: F (a Father)
Jurisdiction
England and Wales
Judgment Date
30 January 2025
Procedural Posture
Family / Judgment
Outcome
No order made; F retains parental responsibility.
Legal Topics
Parental Responsibility, Non Biological Parentage, Child Arrangements, Birth Certificate Re Registration
Family Law Parental Responsibility Non Biological Parentage Child Arrangements Birth Certificate Re Registration

Case Brief

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Parties

M (a Mother)

Claimant

F (a Father)

Defendant

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether parental responsibility (PR) acquired by a non-biological father by virtue of being named on the birth certificate should be removed and regranted under a Child Arrangements Order
  2. 2 Whether cessation of PR requires a welfare analysis or is an automatic consequence of re-registration and declaration of non-parentage

Ratio Decidendi

Cessation of parental responsibility acquired by virtue of being named on the birth certificate is not an automatic consequence of re-registration or declaration of non-parentage; a welfare analysis is required, and in this case, making no order is better for the child than making an order to remove and regrant PR.

Court Disposition

No order made; F retains parental responsibility.