Unmarried parents’ rights

One in four couples with children in the UK are unmarried. If you’re one of them, here are a few facts you should know…

Published 05 August 2008

One in four children in the UK are born into an unmarried family — but unmarried parents don’t have the same legal status as married ones and many couples are confused about their rights. If this sounds like you, here’s the lowdown.

Parental responsibility

‘Parental responsibility’ is the legal right to have a say in the way your child is brought up. An unmarried dad only automatically has parental responsibility for his child if he’s been registered as the father on the child’s birth certificate since December 2003. Otherwise, he can get it by marrying the child’s mother, by making a parental responsibility agreement with her that is then registered at the court or, if she refuses, by applying to the court.

If you split up…

Things may be tougher financially for an unmarried parent left to raise their children alone. Under the law, neither partner has to support the other financially, even if one of you gives up work to look after the kids. However, the non-resident will usually have to pay child maintenance.

If one of you dies…

It’s even more vital to make a will if you and your partner are not married. If one of you dies without a will, the deceased partner’s estate is shared between your children, but the surviving partner gets nothing automatically. Also, lots of pension schemes won’t pay survivor’s benefits to a surviving unmarried partner even if you have children together — so be sure to check the small print!