Having Children

What is parental responsibility?

Parental responsibility means all the rights, duties, powers, responsibility and authority which by law a parent has over a child.

Can my children take my partner's name even if we're not married?

Yes, if they are his children too.

What do I do, if I want to change my children's name to that of my new partner?

If the children's natural parent has parental responsibility, then you need their permission. If they don't give their permission, you may be in a position to apply to the court for what's known as a specific issue order.

Does an unmarried father have parental responsibility?

They will have it automatically if the child was born after the first of December 2003 and they are on the birth certificate. They will have it if they marry the child's mother, and they will have it if they and the child's mother execute a parental responsibility agreement. Failing that, they can make an application to the court for a parental responsibility order.

How does my long term partner gain parental responsibility over his children?

Assuming he's not on the birth certificate of the child born after the first of December, 2003, in which he would automatically have parental responsibilities, marrying the child's natural mother, having a parental responsibility agreement executed between the two of them would be another way of doing it, or alternatively an application to the court for a parental responsibility order.

If I die, will my children inherit my estate if we're unmarried?

Don't leave it to chance, because the intestacy rules are a fixed set of rules that don't give the option for flexibility or tax planning.