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

What Is Parental Responsibility

Parental responsibility is defined in the Children Act 1989 as all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and their property. It includes the right to make decisions about a child's education, medical treatment, religion, and name, and the responsibility to care for and protect the child.

Who Has Parental Responsibility Automatically

All mothers have automatic parental responsibility from birth. Married fathers have automatic parental responsibility. Unmarried fathers who are named on the birth certificate for births registered after 1 December 2003 have automatic parental responsibility. Second female parents named on the birth certificate also have automatic parental responsibility.

How Unmarried Fathers Can Acquire It

An unmarried father not on the birth certificate can acquire parental responsibility by: entering into a parental responsibility agreement with the mother, applying to the court for a parental responsibility order, or acquiring it as a consequence of another court order such as a child arrangements order that the child lives with him.

What Having Parental Responsibility Means

Having parental responsibility means you have the right and responsibility to be involved in important decisions about the child's life. However, it does not mean you have the right to physical care of the child at any particular time -- that is determined by the child arrangements order. Day-to-day decisions are made by whoever the child is with.

Multiple Parental Responsibility Holders

More than two people can hold parental responsibility for the same child. Where multiple people hold parental responsibility, significant decisions should ideally be made jointly. Where they cannot agree, either party can apply to the court for a specific issue order or a prohibited steps order.