What is parental responsibility and who has it?

Welcome to the January 2024 edition of Legal Insights. Each month, we bring you the latest news and insights from the legal world based on one key topic.

This month, the Family Law delve into what parental responsibility is, who has it, and how it can be obtained. Read on to learn all about this important legal concept!

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

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 [email protected] who will gladly assist.

Thank you for reading our newsletter. Share your insights, reflections, and feedback in the comments below!

The MJP Law team