PARENTAL RESPONSIBILITY

The law defines Parental Responsibility (“PR”) for a child as:

“…all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property…”

As parents, responsibility for our children seems obvious, but in law the right to make important decisions (e.g. a say in religious upbringing/schooling/marrying if under 18/medical care etc.) in respect of a child can depend on whether you are married or not.

Mothers have PR automatically, whether married to their child’s father or not.

Fathers who are married to the child’s mother at the time their child is born have PR automatically.

Fathers who are not married to their child’s mother when the child is born do not automatically have PR. However, since 1st December 2003, if the father is registered on his child’s birth certificate as the father, he automatically has PR. (This only applies to fathers registered on or after 1/12/03.)

Fathers who are not married to their child’s mother and are not registered on the child’s birth certificate as the father after 1/12/03 can acquire PR by:

marrying the child’s mother; or
agreeing with the mother to formally enter into a PR Agreement; or
applying to the Court for an order; or
obtaining a Residence Order from the Court for the child to live with him

Others, apart from the child’s parents, can obtain PR for a child by:

an appointment as the child’s guardian coming into force, or by a Court appointing a guardian; or
the Court making a care order in favour of a Local Authority; or
the Court making a freeing order in favour of an adoption agency; or
the mother, and any others with PR. agreeing to a step-parent having PR or if the step-parent applies successfully to the Court for an order for PR;
a person who adopts a child would automatically acquire PR for that child and PR would cease for the biological parent(s).

Civil Partnerships and same sex relationships

If neither of a couple in a same sex relationship are biological parents, they can jointly adopt a child, thereby acquiring PR