Re C & A (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father)

Re C & A (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father)

Where a man has acquired parental responsibility by being registered as the father, and the presumption of biological paternity is rebutted, parental responsibility is lost by court order without the need for a welfare analysis.

Parties
Applicant: Local Authority; 1st Respondent: Mother; 2nd Respondent: N (C's 'father'); 3rd Respondent: A's Father; 4th and 5th Respondent: C & A (Children)
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Family Law Public Law Application / Judgment on Mother's Application for Declaration of Non Parentage and Discharge of Parental Responsibility
Outcome
Mother's application granted; N ceases to have parental responsibility for C from the date of judgment.
Legal Topics
Parental Responsibility, Declaration of Non Parentage, Birth Registration, Discharge of Parental Responsibility
Family Law Parental Responsibility Declaration of Non Parentage Birth Registration Discharge of Parental Responsibility

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Parties

Local Authority

Applicant

Mother

1st Respondent

N (C's 'father')

2nd Respondent

A's Father

3rd Respondent

C & A (Children)

4th and 5th Respondent

Procedural Posture

Family Law Public Law Application / Judgment on Mother's Application for Declaration of Non Parentage and Discharge of Parental Responsibility

Legal Issues

  1. 1 Whether parental responsibility acquired by registration as father can be discharged upon declaration of non-parentage
  2. 2 Whether a welfare analysis is required for discharge of parental responsibility in these circumstances

Ratio Decidendi

Where a man has acquired parental responsibility by being registered as the father, and the presumption of biological paternity is rebutted, parental responsibility is lost by court order without the need for a welfare analysis.

Court Disposition

Mother's application granted; N ceases to have parental responsibility for C from the date of judgment.

Orders

  • N shall cease to have parental responsibility for C from the date this judgment is handed down.
  • Registrar to reflect this change on the register.