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1 December 2009
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Father bottle feeding baby

Fathers' rights

Jack O'Sullivan explains what you're entitled to.


During pregnancy

Antenatal appointments are really important and give you the chance to see a scan of your baby and to support your partner if there's any bad news.

You don't have the right to take time off to attend these appointments. Talk to your employer, explain why they're important and offer to put in extra hours to make up the time if necessary.

Early labour

Fathers have the legal right to take unpaid time off work to deal with an emergency involving someone who depends on them. You can't be penalised by your employer for taking the time off, providing the reason is genuine.

This includes your partner going into labour or any other emergency around pregnancy.

Paternity leave

You may be entitled to two weeks' statutory paid paternity leave

Some companies have their own paternity leave schemes but if your employer doesn't you may be entitled to two weeks' statutory paid paternity leave.

You don't have to be married or live with the mother. You just have to be a new or adoptive dad - and be prepared to offer some evidence of fatherhood if asked.

You can take one week or two consecutive weeks' leave, which must be completed within eight weeks of the birth, or within eight weeks of the expected date of birth if the baby was early.

Visit Directgov to find out if you meet the criteria and how much money you're entitled to.

Parental leave and flexible working

You and your partner can each claim up to four weeks' unpaid leave in the year after the birth.

In the first five years, you can claim up to 13 weeks in total.

You also have the right to ask for flexible working and your boss has to give your request serious consideration.

Parental responsibility

Mothers automatically have parental responsibility (PR) for their children, but it's more complicated for fathers.

Without PR you can't authorise medical treatment for your child and don't have the right to see their medical records. If you have PR, your child can't be adopted, have their surname changed or be taken out of the country without your agreement.

You're automatically entitled to PR if you're married to your child's mother.

If you're not married to your child's mother you can automatically get PR provided you register the birth along with the mother.

If a mother prevents you from gaining PR, you can seek a parental responsibility order through the courts.


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Disclaimer: The BBC Parenting site is provided for your general information only. The information contained on this site should not be treated as a substitute for medical, legal or other professional advice. The BBC is not responsible or liable for the contents of any websites of third parties which are listed on this site.

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