Parental responsibility is a legal concept that refers to the rights, duties, powers, and responsibilities that a parent has in relation to their child and their property. In simpler terms, parental responsibility means the big decisions that need to be made about a child’s upbringing and welfare, such as:
Deciding on a child’s education, medical treatment, and religious upbringing. A parent with parental responsibility also has the right to make legal decisions on behalf of the child. In day-to-day matters, a person with parental responsibility must also look after the child’s emotional well-being, and protect, maintain, and provide a home for the child.
Who has parental responsibility?
- A mother automatically has parental responsibility for her child from birth.
- A father has parental responsibility if he is either married to the child’s mother, or is named on the birth certificate.
- A person who has obtained a Parental Responsibility Agreement or order from the court.
Does an unmarried father have parental responsibility?
An unmarried father will automatically have parental responsibility if he child was born on or after 1st December 1 2003 in England and Wales, and his name is on the birth certificate.
If he is not named on the birth certificate he can enter into a Parental Responsibility Agreement with the child’s mother.
Who can enter into a Parental Responsibility Agreement?
To enter into a parental responsibility agreement, you must be connected to the child. The following individuals can enter into a parental responsibility agreement:
- An unmarried father can make an agreement with the child’s mother.
- A married step-parent (in both opposite-sex and same-sex couples) can make an agreement with the parent or parents who already have parental responsibility.
- A step-parent in a civil partnership can make an agreement with the parent or parents who already have parental responsibility.
- A second female parent can make an agreement.
It is important to note that more than 2 people can have parental responsibility for the same child.
What is a Parental Responsibility Order?
A Parental Responsibility Order is a legal mechanism that grants legal recognition to someone who does not automatically have it. This could include stepparents, relatives, grandparents, guardians, foster parents, or unmarried fathers who are not listed on the child’s birth certificate.
Once an Order is made the recipient will have legal rights, duties, powers, and responsibilities in relation to a child.
How do I prove I have parental responsibility?
When proving parental responsibility, you will need to provide proof of your own identity by a passport or driving license. Thereafter you can prove parental responsibility by one of the following 5 ways:
- By showing the child’s birth certificate with your name listed as a parent.
- A marriage certificate showing you were married to the child’s mother.
- A Parental Responsibility Agreement signed by both parents and witnessed.
- A Parental Responsibility Order sealed by the court.
- For same-sex couples, proof of civil partnership at the time of fertility treatment or donor insemination.
At what age does parental responsibility end?
Parental responsibility in the UK usually ends when the child turns 18. However, it can end earlier if the child gets married between the ages of 16 and 18, or if there’s an adoption order that overrides the birth parents’ responsibilities.
In some exceptional circumstances, a court may remove parental responsibility if it’s in the child’s best interests. This may occur in cases of abuse, or when a parent is withholding consent for medical certain treatment.
Can parental responsibility be revoked?
A parent will only lose parental responsibility in exceptional circumstances. Examples include abusive behaviour, adoption, or withholding consent for medical treatment.
In a 2024 case, a father’s parental responsibility was revoked by the Court due to a “severe and extreme failure of parenting”.
What legal rights does a step-parent have?
A step-parent is any person who is married to, or in a civil partnership with the child’s biological parent. Even if the step-parent has been heavily involved in the child’s upbringing and contributes financially, they do not have any legal rights in relation to a step-child. This includes having no legal say in relation to the child’s schooling, medical treatment, religious upbringing, or other big decisions in the child’s life.
A step-parent can gain legal rights by obtaining parental responsibility. This can be done with the agreement of all other persons with parental responsibility, or by a court order.
If a step-parent and biological parent separate, the step-parent has no automatic right to continue seeing the child (unless they have parental responsibility) in which case they can apply for a Child Arrangements Order. Once obtained, the step-parent shares parental responsibility with the child’s birth parents.
What legal rights do grandparents have?
In England and Wales grandparents do not have any automatic legal rights if they are prevented from seeing their grandchildren. If a grandparent wants to see their grandchild, they must first apply to the family court for permission to seek a Child Arrangements Order.
When deciding whether to grant permission, a court will consider factors like the grandparent’s connection with the child, the wishes and feelings of the child, and the potential impact on the family. The court’s primary concern will always be the best interests of the child.
Can grandparents obtain parental responsibility?
Grandparents can obtain parental responsibility in one of 3 ways:
- By either obtaining a Child Arrangements Order.
- By the child’s parents consenting to parental responsibility.
- By applying to the court for a Parental Responsibility order.
Once Parental Responsibility is granted, they will be allowed to make important decisions regarding a child’s welfare, education, medical treatment, and other major matters.
Does a Child Arrangements Order grant parental responsibility?
The primary purpose of a Child Arrangements Order is to regulate living arrangements and contact with the child, rather than to grant parental responsibility. Accordingly, if a person is granted a Child Arrangements Order that specifies a child is to live with them, parental responsibility will also be granted only for the duration of the order.
If the order is for the child to spend time with a person, rather than live with them, it does not grant parental responsibility.
If an order states that a child is to live with a parent who does not already have parental responsibility (for example an unmarried father), that parent will acquire it as a result of the order.