The law on Parental Rights and Responsibilities (PRRS) can be confusing, particularly for unmarried fathers. To help you understand your legal position, this article explores PRRs in more detail, explaining what they are, who has them, and how they can be acquired.
What Are Parental Rights and Responsibilities?
Parental Rights and Responsibilities are all the rights, duties, powers, responsibilities and authority which a parent of a child has by law. This means that legally, a person who has been granted parental responsibility over a child is obliged to:-
* Safeguard the child's welfare, development and health;
* Provide the child with the necessary guidance and direction;
* Maintain direct contact and personal relations with the child;
* Act as the child's legal representative.
When put into practice, this will mean someone with PRRs is entitled to take charge of key aspects in the child's life. This may include, for example:-
* Choosing and enforcing the child's education;
* Providing a home for the child;
* Choosing the child's religion;
* Consenting to medical treatment;
* Naming the child, and agreeing to a change of name;
* Accompanying the child outside of the UK;
* Agreeing to the child's emigration;
* Permitting confidential information regarding the child to be disclosed.
Who Has Parental Responsibility?
In Scotland, all mother's automatically have parental rights. The law governing PRRs and fathers is, however, a little more complicated. The first thing to note is that a father will also be automatically granted parental responsibility if he is married to the mother at the time of conception, or he is married to her at any point subsequently. If the marriage should end in divorce, the father will not lose his parental rights and responsibilities - that is, unless the court decides to relinquish them.
However, if the father is not married to the mother, he will not enjoy parental responsibility. There is a common misconception that if the mother and father have been co-habiting for a long period of time, both enjoy the same legal rights and responsibilities over their child. Nevertheless, this is not the case, as it is in fact necessary for unmarried fathers to actively acquire parental responsibility. Any person who has an interest in the child's well-being may also take steps to obtain PRRs (for example, step-fathers and grandparents).
Acquiring Parental Responsibility.
There are three ways someone can acquire Parental Rights and Responsibilities:-
1. By way of agreement with the mother.
An unmarried father can obtain PRRs if he is able to reach an agreement with the mother. This must then be formally registered with in the Books of Council and Session.
2. Being named on the birth certificate.
As of May 2006, an unmarried father can acquire PRRs if he is named on the child's birth certificate.
3. Going to court.
Lastly, an unmarried father (or other applicants such as a step-father) may choose to take legal action through the courts. A court will consider factors such as the child's welfare and the applicant's previous commitment to the child before deciding what order (if any) to grant. This may be a parental responsibility order, or something more specific such as a contact order.
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