Unmarried Fathers and Rights on Birth

1
Unmarried Fathers and Rights on Birth

• Gender and Parenting Culture Intensive
  Fatherhood?
• Cambridge University, 3 April 2009
• Sally Sheldon
• s.sheldon_at_kent.ac.uk

2
Birth Registration the Current Law

• Married Parents share obligation to be
  registered. Birth can be registered by one
  parent alone.
• Unmarried Parents mother must register birth,
  father can only be named if both parents consent
  (and both must attend to register or father must
  sign a statutory declaration)

3
The Problem

• 43 children born in 2005, were born to unmarried
  parents.
• The father is not named in 7 of all birth
  registrations (16 of non-marital births).
• 45,000 children each year have no father named on
  their birth certificate.

4
The Problem

• Further, according to DWP (2008)
• Children whose fathers are not actively involved
  in their upbringing are disadvantaged across a
  range of indicators.
• Fathers who are named on the birth certificate
  are more likely to become actively involved with
  their children (as well as being more likely to
  pay maintenance).
• Therefore, the Solution (or at least part of it)
  to encourage more joint birth registrations.

5
Characteristics of SBRs?

• Typically
• lone parents (89)
• little or no connection with the father
• lower level of educational qualifications
• younger (39 under 21, median age 22)
• strong link with social housing tenure
• strong link with low income/receipt of benefits
• strong link with unplanned and unwelcomed
  pregnancy
• more likely to live in disadvantaged area
• lower proportions receiving antenatal care
• higher rates of smoking
• lower rates of attempting to breastfeed children
• ignorance of legal consequences of JBR.
• Graham et al (2007) Sole and Joint Birth
  Registration (DWP, No 463).

6
Proposed Reform new S. 2B, Birth Deaths
Registration Act (1953)

• Unmarried mother must provide information
  regarding the father, except where she makes a
  declaration that
• (a)  child is legally fatherless (i.e. AID
  conception)
• (b)  father has died,
• (c)   fathers identity unknown,
• (d)  fathers whereabouts unknown,
• (e)  father lacks capacity (within the MCA 2005)
• (f)  she has reason to fear for her safety or
  that of the child if the father is contacted in
  relation to the registration of the birth ...

7
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

8
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

9
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

10
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

11
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

12
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

13
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

14
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

15
Reasons for Reform?

• At the heart of our reforms is a desire to
  promote child welfare and the right of every
  child to know who his or her parents are. In
  most cases, a childs right to be acknowledged
  and cared for by his or her father should not be
  dependent on the relationship between the
  parents. To support this right we will ensure
  that fathers who want to take responsibility for
  their children do not have to overcome
  unnecessary obstacles. We intend that JBR should
  play a key part in developing the Governments
  determination to develop a culture in which the
  welfare of children is paramount and people are
  clear that fatherhood as well as motherhood
  always comes with rights as well as
  responsibilities. (2008 para 6).

16
Trends in Regulation of Fatherhood

• Child welfare is always enhanced by presence of
  father.
• Child has right to genetic truth
• Conflation of childrens/fathers rights
• Direct relationship between child and father (not
  mediated through mother)
• Equal treatment of mothers and fathers
• Gender convergence (fathers as hands on carers)
• Equal treatment of married and unmarried fathers
• Support for fathers who want to take
  responsibility

17
A good reform?

• Likely impact of JBR on parenting?

18
A good reform?

• Likely impact of JBR on parenting?
• Do fathers and mothers have a right to equal
  treatment (and what does this mean)?

19
A good reform?

• Likely impact of JBR on parenting?
• Do fathers and mothers have a right to equal
  treatment (and what does this mean)?
• Meaning of Birth Registration? (Relevance of the
  genetic link?)

20
Unmarried Fathers and Rights on Birth

• Gender and Parenting Culture Intensive
  Fatherhood?
• Cambridge University, 3 April 2009
• Sally Sheldon
• s.sheldon_at_kent.ac.uk