Not all fathers automatically have parental rights and responsibilities (PRRs) in Scotland. Under Section 3 of the Children’s (Scotland) Act 1995, only fathers who were married to (or in a civil partnership with) the mother of the child at the time of conception or fathers who were named on the child’s birth certificate (after 2006) automatically acquire PRRs.

But what if a father doesn’t meet those conditions?

Section 4 of the 1995 Act provides a way for father’s to obtain PRRs, by way of a Parental Responsibilities and Parental Rights Agreement (often called a PRR Agreement) with the child’s mother.

What Does Section 4 Say?

Section 4 sets out that where a mother has PRRs and the father has not obtained automatic have PRRs (by way of being married to the mother at conception or being named on the birth cert), the mother and father can make a formal agreement to give the father PRRs. Once properly completed and registered in the Books of Council and Session, the father will have the same PRRs as the mother.

This means the father gains the legal ability to:

• Have a say where the child lives.
• Be involved in decisions about upbringing and education.
• Maintain contact and build a relationship with the child.
• Act as the child’s legal representative.

How Do You Make a PRR Agreement?

The 1995 Act says an agreement is only valid if:

1. Correct Form – It must be made on the official form prescribed by law (a standard document issued by the Scottish Government).
2. Registration – It must be registered in the Books of Council and Session (the national records in Edinburgh).
   • Registration makes the agreement legally binding.
   • Importantly, this must be done while the mother still has PRRs (if she lost them through a court order, she cannot grant them).

Once registered, the agreement takes effect from the date of registration (called the “appropriate date”).

Can a PRR agreement be Cancelled?

No – once a PRR Agreement is registered, it is irrevocable (cannot be withdrawn), except if later changed by a court order under Section 11 of the 1995 Act.

This gives both the father and child security – the rights cannot just be taken away because the mother changes her mind.

Why Is This Important?

• For unmarried fathers not on the birth certificate, Section 4 provides a straightforward process of gaining legal recognition, without going to court.
• It ensures the child benefits from both parents being legally involved.
• It can be quicker, cheaper, and less stressful than a contested court case.

What If the Mother Doesn’t Agree?

If the mother refuses to sign a PRR Agreement, the father still has options:

• He can apply to the court under Section 11 of the 1995 Act for an order granting him PRRs. However he will require evidence. XK Solicitors have dealt with many of these cases and often, circumstance and text messages from the mother recognising our client as the father of the child has sufficed to prove to the court that PRRs should be granted.
• The court will decide based on the best interests of the child, which is always the paramount consideration. There really does have to be a detrimental reason for not allowing a father PRR’s and ultimately contact with his child.

Key Takeaways

• Mothers always have PRRs.
• Fathers do not obtain PRRs automatically (depends on marriage or birth registration).
• Section 4 allows a father to get PRRs by agreement with the mother – formalised and registered.
• Once registered, the agreement is legally binding and irrevocable unless varied by a court.
• If no agreement is possible, the father can apply to court.

Conclusion

Section 4 of the Children’s (Scotland) Act 1995 gives unmarried fathers a clear legal route to acquire parental rights and responsibilities by agreement with the child’s mother. This process strengthens the father’s role, protects the child’s welfare, and avoids unnecessary court disputes where both parents are in agreement.

At XK Family Law Solicitors Aberdeen, we regularly deal with such issues and can help parents navigate the road to PRRs and child contact.

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