Baby claim
Question
I am expecting a baby, but have no contact with the father. What rights does he have, even though I have every intention of raising the child on my own?
Answer
In order for the biological father of your child to have contact, he must first obtain parental responsibility. Without this, he cannot make residence or contact orders. As the mother, you have this responsibility automatically, but he won't as you're unmarried. In order to obtain this responsibility he must: marry you; obtain a parental responsibility order through the court; be appointed as a guardian of the child; make a formal agreement with you or be registered as the child's father on the birth certificate.
Unless he is physically present at the registration, however, he will not automatically have the same rights as you. If he is present, of course, then he will assume such rights. This means if you were to die then he would become responsible for looking after your child.
To become a guardian of the child, he would have to be appointed by you, or the court. Although no financial orders could be made against him (e.g. child support orders), this means he would have very similar rights as someone with parental responsibility, which comes into practice specifically when others with responsibility die.
The father will only be able to assume rights over contact with the child after your death if he obtains parental responsibility. However, if he has had little or no contact with the child previously, and you state your wishes in your will, it is unlikely that he would succeed in gaining this.
There is only one way for the father to obtain this responsibility against your will, and this is through the courts. The key is that they must believe it would be in the interests of the child.
The factors the court will take into account are the degree of commitment which the father has shown to the child, the degree of attachment that exists between the father and the child and the father's reasons for applying for the order. Hostility between the parents is not in itself a reason for the court to refuse. The court will base its decision on what it considers to be the best interests of the child. If you are concerned about him acquiring parental responsibility, you may be able to oppose his application.
Updated: 10/11/2006
Question answered by CAB
