Parental responsibility is defined by 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 is possible for someone to have parental responsibility for a child without being their legal parent, and for a legal parent to not have parental responsibility.

What does parental responsibility mean?

If you have parental responsibility, your most important roles are to:

• Provide a home for the child
• Protect and maintain the child
• You are also responsible for disciplining the child
• Choosing and providing for the child’s education
• Agreeing to the child’s medical treatment
• Naming the child and agreeing to any change of name
• Looking after the child’s property

Who has parental responsibility for a child?

A mother automatically has parental responsibility for her child from birth and father usually has parental responsibility if he’s either married to the child’s mother or is listed on the birth certificate. If the father isn’t married to the mother or on the birth certificate, he can get joint responsibility agreement with the mother or get a parental responsibility order from a court.

Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, e.g. donor insemination or fertility treatment.

For same-sex partners that aren’t in a civil partnership, the second parent can get parental responsibility by:

• applying for parental responsibility if a parental agreement was made
• becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth

Children’s services may also have parental responsibility for a child if an Emergency Protection Order, an Interim Care Order, a Final Care Order or a Placement Order is made by the Court.

Adoptive parents will usually have parental responsibility when an adoption order is made, this is also when a birth parents’ parental responsibility comes to an end as legal parenthood and parental responsibility is transferred to the adoptive parents.

How does parental responsibility apply?

Each parent who has parental responsibility may make day to day decisions about their child independently and they do not always have to ensure the other parent is in agreement. However, there are some exceptions whereby both parents, or people, with parental responsibility need to consent (agree) before something can happen.

Examples include:

• Taking the child outside the United Kingdom
• Arranging for a child to be known by a different surname
• Consenting to a child being adopted.

What if we can’t agree on how to raise our child?

If both parents are unable to agree on a major decisions, they may make an application to the Court for a Specific Issue Order or Prohibited Steps Order. Both would result in a judge considering the issue and deciding which outcome was best for the child.

In the UK, parental responsibility usually ends when the child turns 18 unless special conditions apply. Parental responsibility may also be changed or removed prior to the child’s 18th birthday in specific circumstances, like adoption, court orders, or the placement of the child under someone else’s guardianship.

Frequently asked questions about parental responsibility:

Can a father lose parental responsibility?

Yes, a father can lose parental responsibility of their child, but it’s rare. This also applies to mothers. If a child is at risk because of their mother or fathers behaviour, then the court may remove parental rights. However, this isn’t often the case as the courts will always aim to keep a relationship between the parent and child.

The most common way for a mother or father to lose parental responsibility is if the child is adopted by another family. The mother and father can also voluntarily give up their parental rights to the child by transferring them to another person. 

Can I get parental rights for a child in my care?

If you are looking after a grandchild or relative’s child, you can apply to the court to get parental responsibility for the child. The two orders are a special guardianship order or a child arrangements order.

A child arrangements order is usually a short-term solution when the child lives with the grandparent or family member on a short-term basis. It helps to formalise the role of the person caring for the child whilst they’re in their care.

A Special Guardianship Order is when the child is likely to be with the person permanently.

Does my child get a say in who is responsible for them?

The child’s wellbeing, wishes and feelings are always considered by the courts in arrangements of their care. That doesn’t mean that they can choose who is responsible for them. The court consider many factors when it comes to parental responsibility, some of which is the child’s needs and feelings.

If you have questions about parental responsibility or require legal guidance, contact our experienced family and child law team at Switalskis on the form below or 0800 138 0458.