What is parental responsibility and who has it?
What is parental responsibility?
A person with parental responsibility is responsible for the upbringing, care and well-being of a child. The Children Act 1989 defines parental responsibility as “All the rights, duties, powers, responsibilities and authority, which by law a parent has in relation to the child.” This includes decisions such as:
Where the child goes to school
Choosing and changing a child’s name
Consenting to medical treatment
Choosing the child’s religion
Who has parental responsibility?
A mother automatically has parental responsibility for her child from birth. This responsibility only ends if the child is adopted.
A father will automatically have parental responsibility if:
he was married to the child’s mother at the time or after the child’s birth
he is listed on the child’s birth certificate
Parental responsibility can also be obtained by second female parents, stepparents, surrogate parents, adoptive parents, children’s services or kinship carers. More than two people can have parental responsibility for the same child.
How can a father obtain parental responsibility?
If a father does not automatically have parental responsibility for his child, he can obtain it by:
Entering into a parental responsibility agreement with the child’s mother. Both parties will need to take the agreement to the local family Court where it will be signed and witnessed by Court staff.
Having his name registered on the birth certificate
Marrying the child’s mother
Making an application to the Court
Being named as a resident parent on a child arrangements order
How MJP Law Can Help
At MJP Law, we understand how important it is for parents and carers to make important decisions about their child’s upbringing. If you would like further information on how we can help you obtain parental responsibility or with arrangements for your child, please contact our Family Law team at 01202 842929 or family@mjplaw.co.uk who will gladly assist.
