Date lodged: 12 April 2017
To ask the Scottish Government what its position is on whether the Family Law (Scotland) Act 2006 is compliant with the European Convention on Human Rights regarding the rights of unmarried fathers and their children.
Answered by: Annabelle Ewing 2 May 2017
Section 23 of the Family Law (Scotland) Act 2006, on parental responsibilities and parental rights of unmarried fathers, amended section 3 of the Children (Scotland) Act 1995. The effect of the amendment was to give parental responsibilities and parental rights to unmarried fathers who, from 4 May 2006, register the birth of their child jointly with the mother. The legislation covers registration in Scotland, England and Wales and Northern Ireland. The Scottish Government is of the view that the 2006 Act is compliant with the European Convention on Human Rights.