Children Act 1989, section 4

Acquisition of parental responsibility by father

Part I Introductory

(1)Where a child’s father and mother were not married to [F10, or civil partners of,F10] each other at the time of his birth [F11, the father shall acquire parental responsibility for the child if—

(a)he becomes registered as the child’s father under any of the enactments specified in subsection (1A);

(b) he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or

(c)the court, on his application, orders that he shall have parental responsibility for the child.F11]

[F12 (1A)The enactments referred to in subsection (1)(a) are—

(a)paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;

(b)paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c)sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(1B)The [F13 Secretary of StateF13] may by order amend subsection (1A) so as to add further enactments to the list in that subsection.F12]

(2)No parental responsibility agreement shall have effect for the purposes of this Act unless—

(a)it is made in the form prescribed by regulations made by the Lord Chancellor; and

(b)where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner.

[F14 (2A)A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

(3)The court may make an order under subsection (2A) on the application—

(a)of any person who has parental responsibility for the child; or

(b)with the leave of the court, of the child himself,

subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).F14]

(4)The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

Definitions used in section 4 6

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
parental responsibility agreement

“parental responsibility agreement” has the meaning given in sections 4(1) , 4ZA(4) and 4A(2) ;

Defined in s.105(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this Act;

Defined in s.105(1) · see it in the full Act

Cases considering section 4 55

J (Loss of Parental Responsibility), Re

[2026] EWCA Civ 344 · 20 March 2026Limits

The court construed section 4 as a scheme available only to a child’s genetic father. It does not permit a social or psychological parent to acquire parental responsibility merely because he is described as father on a birth registration. (see paras [25]-[26]; [79]-[83]) Parental responsibility through registration arises only when two conditions coexist: the person is the genetic or biological father and is registered as father. Registration of a non-father confers no parental responsibility at any stage. (see paras [80]-[82]) The court observed that an order conferring parental responsibility on a person who is not the genetic father would have been made without jurisdiction. Such an order remains effective until set aside, but should then be discharged without deciding welfare. (see para [84(i)]) Section 4(2A) does not arise where a wrongly registered non-father never acquired parental responsibility. It remained available in Re P to end any parental responsibility TP1 might have acquired if he were in fact the father, because continued uncertainty was contrary to P’s welfare. (see paras [80]-[82]; [94]-[98])

Re A (Parental Responsibility)

[2023] EWCA Civ 689 · 16 June 2023

The court may terminate parental responsibility acquired by an unmarried father. The resulting distinction from married fathers was held objectively justified (see paras [7]-[9]; [87]-[103]).

D (A Child)

[2014] EWCA Civ 315 · 26 March 2014Defines

The court treated section 4 as establishing the statutory routes by which an unmarried father acquires parental responsibility and the rule that it can cease only by court order. (see paras [4]-[6]) The court identified section 4(1) as providing the statutory routes by which an unmarried father acquires parental responsibility, including registration, agreement or court order. (see paras [4]-[5]) The court treated registration as the child’s father as one statutory route to acquiring parental responsibility. (see para [5]) The court treated a parental responsibility agreement between the unmarried father and mother as one statutory route to acquiring parental responsibility. (see para [5]) The court treated a court order on the father’s application as one statutory route to acquiring parental responsibility. (see para [5]) The court identified section 4(1A) as specifying the registration enactments relevant to the automatic acquisition of parental responsibility. (see para [5]) The court applied section 4(2A) as permitting the court to end parental responsibility where that order is justified by the child’s paramount welfare and is better than making no order. (see paras [12]; [18]-[21]; [29]-[31]) The court identified section 4(3) as permitting an order ending parental responsibility on the application of a person who has parental responsibility for the child. (see para [5]) The court identified section 4(3)(a) as the provision permitting an application by a person with parental responsibility. (see para [5])

35 more judgments, and what each says about section 4, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F10Words in s. 4(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(3)
  2. F11Words in s. 4(1) substituted (1.12.2003) by 2002 c. 38, ss. 111(2), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  3. F12S. 4(1A)(1B) inserted (1.12.2003) by 2002 c. 38, ss. 111(3), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  4. F13Words in s. 4(1B) substituted (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), art. 6, Sch. para. 1
  5. F14S. 4(2A)(3) substituted (1.12.2003) for s. 4(3) by 2002 c. 38, ss. 111(4), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

Modifications

  1. C12S. 4(1B): transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 3(a), 4

Commencement

  1. I4S. 4 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)