Who has parental responsibility

A mother automatically has parental responsibility for her child from birth. A father usually has parental responsibility if he鈥檚 either: married to the child鈥檚 mother listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in) You can apply for parental responsibility if you do not automatically have it. Births registered in England and Wales If the parents of a child are married when the child is born, or if they鈥檝e jointly adopted a child, both have parental responsibility. They both keep parental responsibility if they later divorce. Unmarried parents An unmarried father can get parental responsibility for his child in 1 of 3 ways: jointly registering the birth of the child with the mother (from 1 December 2003) getting a parental responsibility agreement with the mother getting a parental responsibility order from a court Births registered in Scotland A father has parental responsibility if he鈥檚 married to the mother when the child is conceived, or marries her at any point afterwards. An unmarried father has parental responsibility if he鈥檚 named on the child鈥檚 birth certificate (from 4 May 2006). Births registered in Northern Ireland A father has parental responsibility if he鈥檚 married to the mother at the time of the child鈥檚 birth. If a father marries the mother after the child鈥檚 birth, he has parental responsibility if he lives in Northern Ireland at the time of the marriage. An unmarried father has parental responsibility if he鈥檚 named, or becomes named, on the child鈥檚 birth certificate (from 15 April 2002). Births registered outside the UK If a child is born overseas and comes to live in the UK, parental responsibility depends on the UK country they鈥檙e now living in. Same-sex parents Civil partners Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment. Non-civil partners For same-sex partners who are not civil partners, the 2nd parent can get parental responsibility by either: 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

Apply for parental responsibility

If you鈥檙e not the mother, you can apply to court to get parental responsibility . You need to be connected to the child, for example as their father, step-parent or 2nd female parent. More than 2 people can have parental responsibility for the same child. Scotland has its own set of rules, covered under 鈥榦rdinary cause procedures鈥� . Sign a parental responsibility agreement If you鈥檙e a father who wants parental responsibility and the mother agrees, fill in a parental responsibility agreement . There鈥檚 a different agreement form for step parents . Take the agreement to your local family court where it can be signed and witnessed. Also take the child鈥檚 birth certificate and proof of your identity, like a passport or driving licence. Send 2 copies of the form to the address below: Principal Registry of the Family Division First Avenue House 42-49 High Holborn London WC1V 6NP Apply for a court order If you want parental responsibility but cannot agree on arrangements with the mother, you can apply for a court order. A court order costs 拢255. You may be able to get help with court fees if you鈥檙e on benefits or a low income. To apply, fill in the application for an order (C1). Send this to your local family court . If you and your partner use a surrogate to have a child, you鈥檒l need to apply for a parental order .

Parental rights and responsibilities: What is parental responsibility?

Parental rights and responsibilities

What is parental responsibility?

All mothers and most fathers have legal rights and responsibilities as a parent - known as 鈥榩arental responsibility鈥�.

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

provide a home for the child
protect and maintain the child

You鈥檙e also responsible for:

disciplining the child
choosing and providing for the child鈥檚 education
agreeing to the child鈥檚 medical treatment
naming the child and agreeing to any change of name
looking after the child鈥檚 property

Parents have to ensure that their child is supported financially, whether they have parental responsibility or not.

Parental responsibility for separated parents

If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. However, the other parent must include you when making important decisions about their lives.

You do not always need to get the consent of the other parent for routine decisions, even if they also have parental responsibility.

If it鈥檚 a major decision (for example, one of you wants to move abroad with your children) both parents with responsibility must agree in writing.

You can apply for a Specific Issue Order or Prohibited Steps Order if you cannot agree. A judge will then make a decision which is in your children鈥檚 best interests.

You must make sure your children are financially supported, whether you have parental responsibility or not.

You can get help to arrange contact with your children.

View a printable version of the whole guide

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Parental rights and responsibilities

What is parental responsibility?

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