What is Parental Responsibility?

Parental Responsibility is defined by law as

All the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property.

Parental Responsibility includes the following rights/powers over a child:

- naming the child
- determining the child's education and religion
- Lawfully correcting and disciplining the child
- consenting to the child going abroad for holidays or extended stays
- arranging the child's emigration
- consenting (or not) to medical treatment
- consenting (or not) to marriage of the child
- consenting (or not) to adoption.

Parental Responsibility includes the duty to protect and to maintain the child.

Who has Parental Responsibility?

Unmarried fathers now automatically have Parental Responsibility for a child if they are jointly registered on the child's birth certificate if that is dated 1st December 03 or later. 

If the father does not have Parental Responsibility, he can obtain Parental Responsibility by way of agreement with the mother, or by order from the court.

The mother obtains Parental Responsibility automatically when the child is born. The father obtains Parental Responsibility automatically when the child is born if he is married to the mother.

If the father is not married to the mother, he can obtain Parental Responsibility by way of agreement with the mother, or by order from the court.

Sharing Parental Responsibility

Where both parents have Parental Responsibility, each parent can exercise that Parental Responsibility on their own. However on significant matters concerning the child it is usually appropriate to consult with the other parent with Parental Responsibility.

There are certain issues which strictly require the consent of both parents with Parental Responsibility. These are:

- consenting to marriage of the child
- consenting to adoption of the child

- where a residence order is in force, changing the child's surname
- where a residence order is in force, removing the child from the UK for one month or more.

Where both parents have Parental Responsibility, if the parents disagree about how to exercise that Parental Responsibility, either parent can apply to the court for an order to decide the issue. The Court will base its decision on what is in the best interests of the child.

Married Step-parents and Civil Partners

Married Step-parents and Civil Partners can now acquire Parental Responsibility for a step child or child of the family by either entering into a Parental Responsibility agreement or by asking the court to make an order.