PART IIGENERAL
Parental responsibility
Acquisition of parental responsibility7.
(1)
Where a child's father and mother were not married to each other at the time of his birth[F1, the father shall acquire parental responsibility for the child if—
(a)
he becomes registered as the child's father;
(b)
he and the child's mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or
(c)
the court, on his application, orders that he shall have parental responsibility for the child].
F1(1A)
A child's step-parent shall acquire parental responsibility for the child if the court, on the application of the step-parent, orders that he shall have parental responsibility for the child.
(1B)
Where a person has parental responsibility for a child as a result of paragraph (1A), he shall not have the right—
(a)
to consent, or refuse to consent, to the making of an application with respect to the child under Article 17 of the Adoption Order;
(b)
to agree, or refuse to agree, to the making of an adoption order, or an order under Article 57 of the Adoption Order, with respect to the child; or
(c)
to appoint a guardian for the child.
(1C)
In paragraph (1A) “step-parent” means a person who is married toF2 , or a civil partner of, a child's parent who has parental responsibility for the child.
(2)
No parental responsibility agreement shall have effect for the purposes of this Order unless—
(a)
it is made in the prescribed form; and
(b)
it has been recorded in the prescribed manner (if any).
(3)
In this Article “prescribed” means prescribed by regulations made by the Department of Finance and PersonnelF1 and “registered” in paragraph (1)(a) means registered under—
(a)
Article 14(3)(a), (b) or (c) of the Births and Deaths Registration (Northern Ireland) Order 1976;
(b)
paragraph (a), (b) or (c) of section 10(1) or 10A(1) of the Births and Deaths Registration Act 1953; or
(c)
paragraph (a), (b)(i) or (c) of section 18(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
F1(3A)
A person who has acquired parental responsibility under paragraph (1) or (1A) shall cease to have that responsibility if the court so orders.
(4)
The court may make an order under paragraph (3A) on the application—
(a)
of any person who has parental responsibility for the child; or
(b)
with leave of the court, of the child himself,
subject, in the case of parental responsibility acquired by the father of the child under paragraph (1)(c), to Article 12(4) (residence orders and parental responsibility).
(5)
The court may only grant leave under paragraph (4)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.