Parental Responsibility: What It Means If the Mother’s Husband Is Not the Biological Father

A recent High Court decision has clarified that a mother’s husband does not automatically have parental responsibility if he is not the child’s biological father. The court held that, for the purposes of section 2 of the Children Act 1989, “father” means the biological father, unless specific statutory provisions say otherwise. This means that being married to the mother at the time of birth is not enough, on its own, to give parental responsibility to a non-biological husband.

In a recent family law case (Re X (A Child] [2025] EWHC 2542 (Fam)), DNA evidence confirmed that the husband was not the child’s biological father. The court made clear that the traditional presumption that a child born during a marriage is the husband’s can be overturned by DNA evidence, and once overturned, it has no continuing legal effect. As a result, parental responsibility based on that presumption does not continue.

The judge emphasised that a child’s biological parentage is a key part of identity. It was not in the child’s interests for a non-biological husband, who did not wish to act as a parent, to hold parental responsibility and make major decisions about the child’s life.

What this means for families

If you are married to a child’s mother but are not the biological father, you should not assume you have parental responsibility simply because you were married when the child was born. The court’s clarification places the focus on biological parentage rather than marital status, except where specific statutory schemes apply (for example, under the Human Fertilisation and Embryology Act 2008 for certain non-biological parents).

For biological fathers, the decision underlines the importance of establishing legal parentage where there is a dispute or uncertainty. A declaration of parentage and accurate recording on the birth certificate are central to confirming status and associated parental responsibility.

Practical steps to consider

If you are a non-biological husband who plays a parental role and wishes to hold parental responsibility, you can apply for a step-parent parental responsibility order or agreement, which is the route identified by the court for husbands in this position. Taking this step can help ensure you can make decisions about education, healthcare, travel, and day-to-day welfare.

If there is a dispute about who holds parental responsibility, consider DNA testing and, where appropriate, applying to the court for declarations that confirm or deny parental responsibility, so that schools, healthcare providers, and public authorities have clarity. The court recognised that once DNA evidence rebuts the presumption of legitimacy, parental responsibility based on that presumption falls away.

If you are the biological father without current recognition on the birth certificate, you may need to seek a declaration of parentage and related orders to reflect your status and rights. In the aforementioned case, the biological father obtained a declaration of parentage and the court then addressed parental responsibility accordingly.

Key takeaways

In Summary, the term “father” in section 2(1) of the Children Act 1989 refers to the biological father unless a specific statutory provision says otherwise, and a husband’s marital status alone does not grant parental responsibility if he is not the biological father. Families should not rely on assumptions based on marriage and should take early advice about formalising parental responsibility to avoid uncertainty in medical consent, schooling decisions, travel permissions, and safeguarding arrangements.

If you are looking for support with your family law matter, please get in contact today.