When changing a child’s name it is vitally important that everyone who has Parental Responsibility for the child give their consent. The mother and married father will automatically have Parental Responsibility upon the child’s birth.
The law for unmarried fathers varies throughout the UK. The Adoption and Children 2002 received Royal Assent and so became law on 7th November 2002, but the specific provision relating to Parental Responsibility for unmarried fathers didn’t take effect until 1st December 2003. Therefore, for births registered from the 1st December 2003 onwards, an unmarried father will have Parental Responsibility if he is jointly registered with the mother on the child’s birth certificate.
In Scotland, under the Family Law (Scotland) Act 2006, an unmarried father would have Parental Responsibility for births registered from 4th May 2006.
In Northern Ireland the same is true since 15th April 2002, thanks to the Family Law Act (Northern Ireland) 2001.
It should be noted that unlike in England, Wales and Scotland, an unmarried father will not obtain Parental Responsibility by marrying the mother after the child’s birth.
Parental Responsibility can also be obtained by way of a Parental Responsibility Order or Parental Responsibility Agreement.