Declaration of Parentage v Parental Responsibility

Whilst Parental Responsibility and a Declaration of Parentage are similar as they relate to a link one may have with a child; they do different things. 

A Declaration of Parentage is a legal document issued by the Family Court confirming the legal parent(s) of a child under law in England and Wales. In other words, it confirms who the legal parents are of a child.

Parental Responsibility relates to ‘all the rights, duties, powers, responsibilities and authority’ that an individual has in relation to a child, and their property. 

What’s Different?

How they are obtained

When a child is born, Parental Responsibility is automatically granted to the biological birth mother, as well as the child’s father who is married or in a civil partnership with the mother at the time of birth. If the father is not married to the biological mother, the father will not automatically obtain Parental Responsibility, but it will be acquired if he is named on the birth certificate. Parental Responsibility may also be obtained through a Court Order.

A Declaration of Parentage can be made either through an application or it can be introduced into existing proceedings Court proceedings relating to a child. 

Rights and Responsibilities

A Declaration of Parentage in itself does not give an individual Parental Responsibility. It may, however, have an impact in respect of inheritance. A Declaration of Parentage is a mechanism to identify the parents of the child and does not always provide such parent with the powers that come with having Parental Responsibility.

Similarly, Parental Responsibility does not always determine whether such individual is a parent of the child. 

For example, in the case of Local Authority v SB [2022], a father, who was named on the birth certificate, was proved not to be the biological father of the child after a paternity test. The Court held that although the father was not the legal parent, and a Declaration of Non-Parentage could be made, this did not automatically discharge his Parental Responsibility. Any decision as to removing someone’s Parental Responsibility remains a welfare decision for the court. 

On the other hand, Parental Responsibility provides individuals with the power to make important decisions for the child such as, but not limited to, changing the child’s name, religion, or school.

If you feel you need advice, please get in touch via our contact page or contact Sigourney Lee-Smith direct (01295 204009 or slee-smith@se-solicitors.co.uk).