Estella Newbold-Brown reflects on the High Court decision in KL v BA [2025] EWHC 102 (Fam) and the legal implications of incorrect birth registration for parental responsibility.
Case Background – KL v BA [2025] EWHC 102 (Fam)
The case concerned a child, MA, born in 2020 to her mother, BA. Soon after the birth, BA registered KL as MA’s father on the child’s birth certificate. However, following their relationship breakdown in 2022, BA disclosed that KL was not MA’s biological father—a fact later confirmed by DNA testing.
Despite this, KL wished to maintain his role in MA’s life and applied for an order to protect his status. Conversely, BA sought a declaration of non-parentage, arguing that KL’s parental responsibility should be treated as void from the outset.
The central legal question was whether KL had acquired parental responsibility by being listed on MA’s birth certificate, and if so, whether that could be retrospectively voided once his non-paternity was established.
What Is Parental Responsibility?
Under Section 3 of the Children Act 1989, parental responsibility encompasses all rights and duties a parent holds concerning a child, including decisions on education, medical care, and religion etc.
A child’s birth mother automatically has parental responsibility. A birth mother will not lose it if she and the child’s father/non-birth mother separate, whether or not they were married. If the parents of a child are married at the time of the child’s birth, both have parental responsibility.
The Court’s Ruling
The High Court held that KL did not acquire parental responsibility because he was not MA’s biological father, clarifying that a man mistakenly listed as the father on a birth certificate does not automatically acquire it.
The court emphasised that under Section 4(1)(a), a biological connection is essential for gaining parental responsibility through birth registration. As KL lacked this link, his registration as father was legally ineffective, and any supposed parental responsibility was void ab initio (meaning it never existed).
Biology vs. Bond
KL v BA highlights the tension between biological parentage and emotional bonds. While KL’s involvement in MA’s life was very real and genuine, the legal framework prioritised biological links when it came to determining parental responsibility.
How can you acquire Parental Responsibility?
Fathers in England and Wales can establish parental responsibility through three main routes:
- Birth Certificate Registration
When a biological father is named on the birth certificate at registration. - Parental Responsibility Agreement
If not named on the birth certificate, a father can sign a written agreement with the mother, witnessed and properly documented. - Court Order
If an agreement cannot be reached, a court can grant it based on the father’s commitment, his relationship with the child, and his motives for applying.
Acquiring parental responsibility is slightly different for same-sex couples and step-parents; our Family law team can talk you through the routes to obtain this.
Our Family Law Team
The Family Law team at Amphlett Lissimore can help you establish parental responsibility and put into place any necessary agreements. Our specialist team can also provide guidance and support should an agreement not be reached amicably and the courts are required to get involved.
About the Author
Estella Newbold-Brown is a partner and Head of Family Law at Amphlett Lissimore. Estella specialises in divorce and the financial and child arrangements that follow.
