‘The law distinguishes between parenthood and the rights and duties necessary to care for a child, called parental responsibility (“PR”). Status and PR have a somewhat complex relationship. However, they are connected for un-married fathers through birth registration (s.4(1)(a) Children Act (“CA”) 1989). So, what are the consequences where a man is erroneously registered as the father? Does he obtain PR? And, what happens once he has been declared not to be the legal father? First instance cases created uncertainty through divergent answers based on policy and technical readings of s.4 CA. Re J; Re M; Re P [2026] EWCA Civ 344 has put the law straight and re-asserted the primacy of the genetic conception of parenthood. A man who had never legally been father cannot, by erroneous registration, obtain PR and nothing more than a declaration of non-parentage under s.55A FLA 1986 is required to confirm this.’
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Journal of Social Welfare and Family Law, 19th April 2026
Source: doi.org