 More women are having children than are getting married
 Lyn Ellins The Office for National Statistics published figures in April that show how much society has changed since the 1970s.
Illegitimacy of children has been the stuff of literature and legend, from the great Shakespearean tragedies such as King Lear to the enforced adoptions of children born to unmarried mothers in the 1950s and 1960s. Until relatively recently, children born out of wedlock have been second class citizens compared to their legitimate siblings and their fathers had few rights, or indeed responsibilities.
But society has undergone a sea change and now 30 per cent of females under the age of 25 have given birth, which is more than the number getting married. In the 1970s, 80 per cent of women were married by the age of 25, compared with 25 per cent now.
People are still marrying but there is no longer any shame in couples living together or having children without first getting married.
Although there is no longer any stigma attached to children born of parents who are not married, many parents do not realise that they need to take certain legal steps to ensure that both the children and their parents are fully protected by the law.
Since 2003, it has been the case that only if unmarried fathers are registered on a child's birth certificate, do they have the full legal status of a parent. For example, such fathers do not have the right to be kept informed by the child's school and they are not able to give authorisation for medical treatment.
In such cases, it is a simple process for the mother to grant Parental Responsibility to the father but the consent of the mother is an essential prerequisite. If she is not prepared to offer this, the father can apply to the court for a Parental Responsibility Order. This is sometimes necessary in the event of a couple splitting up. Unmarried fathers do have the right to contact with their children and it is obviously sensible for those fathers to have Parental Responsibility, particularly if the children stay with their fathers for any length of time.
Parental Responsibility Orders are not the same as Residence Orders. If the children are to live with their father in the event of a breakdown in the parents’ relationship, he will need a Residence Order. A married father, however, does not.
If you have any concerns about your own status as a parent or about your children's rights, why not talk to one of our specialist family lawyers who will be able to help you find a way through the confusing rules and regulations that beset us all nowadays.
For more information contact Lyn Ellins on 01793 511055 or lyn.ellins@clmlaw.co.uk
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