X (A Child) (Husband of Child’s Mother: Declaration of No Parental Responsibility), Re

X (A Child) (Husband of Child’s Mother: Declaration of No Parental Responsibility), Re

Under section 2 of the Children Act 1989, 'father' means biological father. H, not being the biological father of X, does not have parental responsibility for X, and it is appropriate to grant a declaration to that effect.

Parties
Applicant: F; Respondent: M; Respondent: H; Advocate to the Court: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
11 October 2025
Procedural Posture
Family / Judgment
Outcome
Declaration granted.
Legal Topics
Parental Responsibility, Definition of Father, Declaration of Parentage
Family Law Parental Responsibility Definition of Father Declaration of Parentage

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Parties

F

Applicant

M

Respondent

H

Respondent

Cafcass Legal

Advocate to the Court

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Does the husband of a child's mother, who is not the biological father, have parental responsibility under section 2 of the Children Act 1989?
  2. 2 Is the meaning of 'father' in section 2 of the Children Act 1989 restricted to biological fathers?

Ratio Decidendi

Under section 2 of the Children Act 1989, 'father' means biological father. H, not being the biological father of X, does not have parental responsibility for X, and it is appropriate to grant a declaration to that effect.

Court Disposition

Declaration granted.

Orders

  • Declaration that H does not have parental responsibility for X.