Legal clarity achieved: non-biological fathers cannot acquire parental responsibility

This article is the first part of a two-part series examining fathers' rights in children’s proceedings. In Part 1, the authors analyse the recent High Court judgment in the case of KL v BA [2025] EWHC 102 (Fam), which addresses the legal implications of parental responsibility (PR) for non-biological fathers mistakenly recorded on birth certificates. The judgment, delivered by Deputy High Court Judge Ms Debra Powell KC, confirms that such PR is void ab initio under the Children Act 1989. The authors explore the court’s analysis of conflicting judgments, statutory interpretation, and the public policy considerations underlying its ruling. Additionally, the authors discuss the implications of this clarification for legal practitioners and potential remedies for clients seeking to actively participate in a child’s life.

The full article has published in the July issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

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