Becoming a father for the first time brings you into a whole new world.  The most common mistake that young fathers make is thinking that where a father’s name is on the child’s birth certificate that this gives him automatic guardianship rights in respect of his child.  It doesn’t.                                                     

The following section helps explain what rights an unmarried father has in respect of his child.

What are my rights in respect of my child?

None. Unmarried fathers do not have any automatic legal rights in respect of their children. 

What are my rights in respect of my child if my name is on the birth certificate?

None. Having your name on the birth certificate does not itself give you any legal rights in respect of your child; it just establishes the paternity of the child.  (Paternity is the state or fact of being a father) 
An unmarried father has to apply to the local district court for guardianship rights. 

What legal rights and duties in respect of my child can I acquire in agreement with the mother? 

If the mother of the child agrees, the father can become a joint-guardian if both parents sign a document called a Statutory Declaration in the presence of a Peace Commissioner, Commissioner for Oaths or Notary Public.

This requires you to have entered into arrangements regarding the custody of and/ or access to the child. If the mother of the child does not agree to the father becoming a guardian, then he must apply to the court to be appointed as a joint - guardian.                                                                                         

Guardianship rights can be removed from fathers if the court decides it is in the child’s best interest. These rights cannot be removed from the mother unless the child is placed for adoption.

The joint guardianship rights can only be removed by the courts. 
Parents can make informal arrangements regarding access and maintenance but these arrangements are not subject to legal enforcements. 

What if I marry the mother of my child?

If you marry the mother of your child you automatically become a joint guardian of your child with the mother.  You do not need to adopt your own child as it is from the marriage that your joint guardianship rights flow. 

What are my rights in respect of my child if the mother of my child marries another man?

The rights you already have in respect of your child do not change on the marriage of the mother.  There is no legal relationship established between your child and his/her step father due to the marriage

• If you already are a joint guardian, you remain so. 
• If you do not have any guardianship or access rights you can still apply for them, unless the child has been adopted by the mother and her husband. 

Can my child be adopted without my consent?

If the mother and her husband apply to adopt your child the law required that, if possible, you are consulted before any adoption order is made in respect of your child, even if you are not a joint guardian of your child. 

If you do have joint guardianship rights in respect of your child then your consent is required before an adoption order can be made. 

If your child is adopted by the mother and her husband, all rights and responsibilities are vested in the new family unit.  You no longer have any possibility of acquiring rights in respect of your child. The child’s mother becomes the adoptive mother and her husband becomes the adoptive father and this legally excludes you permanently from your child’s life. 
It is possible to agree informal access arrangements between parents, but this is not legally enforceable. 

The above information was taken from a Treoir leaflet entitled ‘Unmarried fathers, Rights & Responsibilities In Respect of Their Children. 
Treoir is the national federation for unmarried parents & their Children.                                                                            

For more information contact www.treoir.ie

What Does It Mean?

Guardianship – is having the right to make decisions about your child. For example: consenting to medical treatment or applying for a passport. 

Custody – is who your child lives with.

Access – is visiting your child or having contact with her/ him, where you are not living with your child.

Maintenance – is a payment to the other parent towards the cost of rearing your child.