Parental Responsibility in the UK: What It Is and Who Has It

What Parental Responsibility Is

Parental responsibility is defined in section 3 of the Children Act 1989 as all the rights, duties, powers, responsibilities and authority which a parent has in relation to the child. In practice this means the right and duty to make decisions about where the child lives, what school they attend, what medical treatment they receive, what religion they are brought up in, what name they use, and whether they can travel outside England and Wales.

Who Has Parental Responsibility Automatically

All mothers automatically have parental responsibility from the moment of birth. Fathers have parental responsibility automatically if they are married to the mother at the time of the child's birth or if they are named on the birth certificate (for births registered after 1 December 2003 in England and Wales). Step-parents and other family members do not have parental responsibility automatically.

If a father was not married to the mother and is not on the birth certificate, they do not have parental responsibility. This is a significant legal gap that affects fathers who separated from the mother before the birth or who were not named on the registration.

Not having parental responsibility does not mean you cannot apply to the court for contact. It does mean you cannot make decisions about the child's life, attend school parents' evenings as a legal parent, or consent to medical treatment.

How to Acquire Parental Responsibility

A father who does not have parental responsibility can acquire it in three ways: by entering into a parental responsibility agreement with the mother (this is a formal document filed at court), by obtaining a parental responsibility order from the court, or by marrying the mother. Each of these methods gives full parental responsibility.

Can Parental Responsibility Be Removed?

Parental responsibility can be removed by the court, but this is extremely rare and reserved for the most serious circumstances. It would typically only be considered where a parent has been convicted of serious offences against the child. The courts are very reluctant to terminate parental responsibility because they recognise the importance of both parents remaining legally connected to their child.

Multiple Parental Responsibility Holders

More than one person can hold parental responsibility at the same time. A child can have parental responsibility held by both parents, a step-parent, or even a local authority if the child is subject to a care order. The existence of parental responsibility in multiple parties does not create veto rights in each: each holder can act independently on most decisions without the consent of the others, subject to the terms of any court order.