Oliver Millington looks at the Court of Appeal’s decision in Re J (Loss of Parental Responsibility) [2026] EWCA Civ 344, which provides clear guidance that an unmarried man who is registered on a child’s birth certificate does not acquire parental responsibility unless he is, in law, the child’s biological/genetic father.
The Court of Appeal decision in Re J (Loss of Parental Responsibility) [2026] EWCA Civ 344[1] is a significant authority on parental responsibility, legal parentage and birth registration. It resolves conflicting first-instance decisions and establishes that an unmarried man who is registered on a child’s birth certificate does not acquire parental responsibility unless he is, in law, the child’s biological/genetic father (subject to statutory exceptions such as the Human Fertilisation and Embryology Act 2008 and adoption).
The judgment relates to 3 conjoined private law appeals. Each case concerned the attribution of parental responsibility and the legal status of a “father” in relation to a child.
At paragraph 80 of the Court of Appeal’s judgment the former president McFarlane J sets out answers to the key questions the Court had to consider:
“i) The definition of ‘father’ for the purposes of CA 1989 is the common law definition and is limited to a child’s biological/genetic father. The definition does not, and cannot, extend to others who have acted as the child’s psychological/social father.
ii) Where an individual is registered as a child’s ‘father’ in their birth register entry, the parental responsibility attributed by such registration does not attach to that individual if they are not, in fact, the biological/genetic father of the child. In order for parental responsibility to be acquired by registration on a birth certificate under CA 1989, s 4, two conditions must each be fulfilled:
a) The person must be the genetic/biological father of the child; and
b) That person must be registered as ‘father’ in the child’s birth register entry;
iii + iv) Although the parties may believe otherwise, no parental responsibility is acquired at any stage by an individual who is wrongly registered as ‘father’ in a birth register entry. In consequence the question of whether parental responsibility in such circumstances is automatically terminated on the making of a declaration of non-parentage under FLA 1986, s 55A, or requires a bespoke order, simply does not arise.
[1] https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/344?query=%5B2026%5D+EWCA+Civ+344 – download-options
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