Children Act 1989, section 4ZA

Acquisition of parental responsibility by second female parent

Part I Introductory

(1)Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if—

(a)she becomes registered as a parent of the child under any of the enactments specified in subsection (2);

(b)she and the child's mother make an agreement providing for her to have parental responsibility for the child; or

(c)the court, on her application, orders that she shall have parental responsibility for the child.

(2)The enactments referred to in subsection (1)(a) are—

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

(b)paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) 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 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(3)The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection.

(4) An agreement under subsection (1)(b) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4.

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

(6)The court may make an order under subsection (5) 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).

(7)The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.F15]

Definitions used in section 4ZA 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
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · 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

Cases considering section 4ZA 5

C (Declaration of Parentage Written Consent), Re

[2019] EWHC 648 (Fam) · 12 February 2019

Applies the provision conferring parental responsibility where a person is a parent by virtue of s 43 of the Human Fertilisation and Embryology Act 2008 and the court orders that she should have parental responsibility. (see para [75])

In the matter of B (A child)

[2016] UKSC 4 · 3 February 2016Defines

Registration as B’s parent would have conferred parental responsibility on the appellant, but the necessary legal parenthood and registration had not occurred. (see para [14])

Re A (Parental Responsibility)

[2023] EWCA Civ 689 · 16 June 2023

The court may terminate parental responsibility acquired by an unmarried second female parent, as part of the statutory distinction between married and unmarried parents (see paras [7]-[9]).

What each judgment says about section 4ZA is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F15S. 4ZA inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 27; S.I. 2009/479, art. 6(1)(e)