Guide

Register a birth

Last updated: 28 September 2017

Joint birth registration

Having 'parental responsibilities and rights' (PRRs) means that each parent has a legal duty to decide how best to look after a child.

Joint birth registration is one way for a father who isn't married to the mother to get PRRs.

A mother's parental responsibilities and rights

The birth mother of a child always has PRRs in relation to the child, unless a court has removed them.

A father's parental responsibilities and rights

The father of a child has PRRs in relation to the child if:

Same sex parents' parental responsibilities and rights

If the child's parents are a mother and a second female parent, the second female parent will have PRRs for the child if:

  • she's in a civil partnership or in a same-sex marriage with someone at the time they have fertility or donor insemination treatment
  • she's registered as the second female parent of the child (after 1 September 2009)
  • she's given them through a parental responsibilities and parental rights agreement
  • she's given them by a court order

If you're not in a same sex marriage or civil partnership the fertility clinic should help make sure you fill in the forms you need for a second female parent to have parental responsibilities and rights (make sure to ask the fertility clinic about this).

Parental responsibilites and rights agreements

Parents who complete a parental responsibilities and parental rights agreement have to register the agreement in the Books of Council and Session before it takes effect.

Register a birth
Joint birth registration