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01 August 1999

To: Persons Responsible at HFEA Licensed Clinics and HFEA Inspectors

Dear Colleague,

STANDARD PATIENT INFORMATION

Reference: CH (99)3

Last month you received a copy of the Chairman's letter ref: CH (99) 3 which included a number of 'standard patient texts' for your consideration. The text entitled 'parental responsibility' has now been amended to take account of the laws in Scotland and Northern Ireland. A copy of the amended text is enclosed.

Yours faithfully,

Suzanne McCarthy
Chief Executive

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Parental Responsibility
Where an unmarried couple is being treated, the male partner will not have 'parental responsibility'. Parental responsibility is defined by the Children Act 1989 in England and Wales and the Children (Northern Ireland) Order 1995 as 'all the rights, duties, powers, responsibilities and authority which by law a parent of the child has in relation to the child and his property'.* Section two of the Children Act 1989 states:

1. Where a child's father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.

2. Where a child's father and mother were not married to each other at the time of his birth -

a. The mother shall have parental responsibility for the child.
b. The father shall not have parental responsibility for the child, unless he acquires it in accordance with the provisions of the Act.

Similar provisions apply in Scotland by virtue of Section 3 & 4 of the Children (Scotland) Act 1995 and in Northern Ireland by virtue of Article 3 of the Children (Northern Ireland) Order 1995.

Unmarried couples are therefore recommended to seek their own legal advice about the male partner's rights and responsibilities in relation to the potential child who may be born as a result of the treatment.

(The Government intend to amend the Children Act 1989 so that an unmarried father who registers his child's birth jointly with the mother will acquire parental responsibility without further formality.)

*In Scotland, Sections 3 & 4 of the Children (Scotland) Order 1995 contain more detailed definitions of both 'parental rights' and 'parental responsibilities'.

 

Page last updated: 24 August 2012

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