Jurisdiction(s):
United Kingdom

KL v BA: Birth registration does not confer parental responsibility on non-biological fathers under Children Act 1989 s 4(1)(a) (England and Wales)

Published on: 07 February 2025

Published by a LexisNexis Family expert

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What are the practical implications of this case?
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Article summary

KL v BA [2025] EWHC 102 (Fam) What are the practical implications of this case?

The ruling confirms that solely biological fathers may acquire parental responsibility for a child under ChA 1989, s 4(1)(a). Where a man is entered on a child’s birth certificate (and would ordinarily have gained parental responsibility only via ChA 1989, s 4(1)(a)), but it is subsequently determined that he is not the child’s biological father, his parental responsibility is void ab initio; in other words, it never existed, so no order is required to remove parental responsibility. The judgment therefore underscores the centrality of a genetic connection between a father and a child when assessing parental responsibility. Accordingly, any parental responsibility believed to arise from registration alone falls away automatically, with no requirement for a further order to remove it at all...

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