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

Hazel Samuriwo and Charmaine Clubb have written an article, published by Lexis Nexis Family Law, titled 'Legal clarity achieved: non-biological fathers cannot acquire parental responsibility'.

The 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. Hazel and Charmaine 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.

Read the full article here.

9th Jul 2025

Charmaine Clubb

Call 2020

Call 2021| Admitted as a Solicitor: 2016