Rape: Children

The Government has no plans to bring forward legislation to grant automatic parental responsibility to a father in unfortunate circumstances where the mother dies during childbirth.

In England and Wales, a father only acquires parental responsibility automatically if he is married to, or in a civil partnership with the mother at any point between the conception or the birth of the child, or he subsequently marries or enters a civil partnership with the mother. In other cases, parental responsibility may be obtained through formal agreement with the mother, being named on the birth certificate, or a court order. The Government recognises that in cases where the mother dies during childbirth, the father, if not married to the mother at the time of the birth, may be unable to acquire parental responsibility through the usual mechanisms. In such cases, the family courts retain discretion to grant parental responsibility based on the child’s welfare and the circumstances of the case.

The Government is aware of the calls to broaden the parental responsibility measure in the Victims and Courts Bill to include instances where an individual has been convicted of rape and a child has been conceived as a result of that offence. We are carefully considering these suggestions as the Bill progresses through Parliament.