Who has Parental Responsibility?

“Parental Responsibility” is defined 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. 

This broad definition highlights the comprehensive nature of Parental Responsibility, covering all aspects of a child’s welfare and upbringing. 

Who has Parental Responsibility?

Mothers:

• Automatically have Parental Responsibility from the child’s birth. 

Fathers:

• Those married to the child’s mother at the time of birth will automatically have Parental Responsibility.
• Unmarried fathers do not automatically have Parental Responsibility but can acquire it through a number of ways including: – 
  • Jointly registering the birth of the child with the mother
  • A Parental Responsibility Agreement with the mother
  • A Parental Responsibility Order from the Court
  • Later marrying the child’s mother

Civil Partners and Same-Sex Couples:

• Civil partners or spouses of the biological mother or parent who have a child through assisted reproduction have Parental Responsibility if they were in a Civil Partnership or married at the time of treatment. 
• Non-birth parents in same-sex couples can acquire Parental Responsibility through adoption, a Parental Agreement or Parental Responsibility Order. 

It is possible for others to obtain Parental Responsibility if they are named as a person with whom the child is to live in a Court Order, so long as the Order remains in force. 

If you feel you need advice on Parental Responsibility, what it entails and/or how to acquire it, please get in touch via my contact page or contact Sigourney Lee-Smith directly (01295 204009 or slee-smith@se-solicitors.co.uk).