Registering the birth must be done within 21 days of the date of birth. You can register the birth at any registration office in Scotland. If you are married or in a civil partnership, either parent can register the birth. If you are not married or in a civil partnership, only the mother can register the birth.
In Scots law, legislation provides for what parents must do for their children, and what rights they have. These are known as parental rights and responsibilities ("PRRs"):
- To safeguard the child's development and welfare
- To give appropriate direction and guidance
- To have the child living with you or otherwise regulate the child's residence. If the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis
- To act as the child's legal representative
PRRs give the parents a legal authority to make decisions about the child such as where they live, health, education and their overall welfare. Where both parents have PRRs there is a duty to consult with one another about any matter of major importance. If the child's parents are not in a cohabiting relationship, PRRs provide the right for the non-resident parent to have direct contact with the child on a regular basis.
But who has PRRs?
Q: We are married and my wife gave birth to our child - do we have rights?
A: Yes, you both have PRRs.
Q: My partner and I are not married - do we have rights?
A: The child's mother automatically has PRRs by giving birth to the child. The child's father must be named on the child's birth certificate to have PRRs. If the father is not named on the certificate, he does not have PRRs.
Q: My granddaughter lives with me, do I have rights?
A: No, you do not have individual rights. A parent with PRRs can delegate them to you as necessary to safeguard the child if they are in your care. The only way to obtain personal rights would be by raising a court action. This application can be made by a grandparent as they are someone who "claims an interest" in the child.
So, if you do not have PRRs what do you need to do to obtain them?
There are a number of options available to you:
- Both parents should register the birth and ensure the father's name is listed on the birth certificate.
- If the father is not on the birth certificate, but the child's mother later agrees the father should have PRRs, they can enter a Parental Responsibilities and Parental Rights Agreement which shall grant the father equal PRRs to the mother. There is a style agreement that should be completed. The agreement will not have effect until it is registered.
- If not on the birth certificate and an agreement cannot be reached, a parent or other relevant person can apply to the local sheriff court for an order granting Parental Rights and Responsibilities under the Children (Scotland) Act 1995.
If a party obtains PRRs, this will not revoke the PRRs granted in favour of another party. For example, the birth parents would retain their PRRs even if a grandparent was successful in obtaining PRRs by court order. Removing or limiting PRRs has serious legal consequences. The only way to revoke PRRs is to seek a court order.
At MFMac we know navigating the legalities can be complicated when your main focus is looking after your child. If you are unsure if you have PRRs or what that means for you, our fixed fee initial meeting can help you to be fully informed on the rights and responsibilities you have.
