The law is continuing to adapt to the reality that working Fathers across the UK are taking their parenting responsibilities for new family additions seriously. Significant new rights came into force on 6 April 2026, entitling all employed Fathers to paternity leave from day one – in the same way Mothers can take maternity leave.
The strengthening of Fathers’ rights to paternity leave acknowledges the vital parenting role they enjoy. The courts have, for years, recognised the importance of Fathers in their children’s lives when deciding living arrangements following separation and divorce.
The family and children team at mfg Solicitors support parents across a range of issues, including paternity rights, contact and living arrangements.
What’s changed?
Previously, Fathers were only eligible for paternity leave if they had been employed for at least 26 weeks.
From 6 April, all Fathers now enjoy the statutory right to a minimum of 1 or 2 weeks’ unpaid paternity leave from day one of their employment (so long as the required notice is given). They can take it two separate blocks of one week each if they prefer). Fathers will therefore be protected from dismissal or being disadvantaged in the workplace when they exercise their rights.
This new right extends to those becoming Fathers through adoption or via a surrogacy arrangement. (Some employees may be entitled under their contract to enhanced paternity leave.) If both parents are employed, they can choose to take shared parental leave instead of – or in addition to – paternity leave, which gives important flexibility to the parties.
The improved rights for Fathers bring a simple but important consistency to Mothers’ statutory rights to maternity leave and those of Fathers to paternity leave, placing them on an equal footing.
Separated parents
It means many thousands of fathers will no longer be torn between having to choose to be with their new child - or going straight back to work to safeguard their job. That stark choice has faced thousands of Fathers over the years who would have benefited significantly from establishing a bond with the child their earliest days.
Sadly, it’s not uncommon for the parents to separate before the baby is born.
If you have separated (or you simply don’t live together), the Father is still entitled to day one paternity leave - so long as they have ongoing responsibility for bringing up the child. In other words, the Father must have parental responsibility (or expect to have parental responsibility) for the child in order to qualify.
Fathers are now better supported in establishing early bonding and shared caring responsibilities with the Mother from the start. And this may prove significant to any future child dispute if the parents’ relationship breaks down.
How we can help
If you are involved in a dispute involving children and need specialist advice about parental rights and responsibilities, we can support you.
Please contact Richard Port MBE, partner and Head of Birmingham Family Law at mfg Solicitors, on 01562 820181; or email richard.port@mfgsolicitors.com