How-to Guide: Parental responsibility

This how to guide explains the steps that you an unmarried father or step parent can take to get Parental Responsibility for a child including how to apply to remove Parental Responsibility.

What is Parental Responsibility?

Parental Responsibility (PR) 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 his property".

Practically, PR means that all holders of PR should consult and consent on issues such as schooling, medical issues, change of name, removal from the country and other major issues concerning the child.

Who has Parental Responsibility?

When parents are married to or in a civil partnership with each other at the time of the child’s birth, both the mother and the father will each have automatic PR.

When parents are unmarried or not in a civil partnership at the time of the child’s birth, then only the mother will have automatic PR.

An father who is not married or in a civil partnership can acquire PR in the following ways:

• Registration on the child’s birth certificate: For children whose births are registered on or after 1st December 2003 the father will acquire Parental Responsibility if he is named as the father on the child’s birth certificate. The father will not have PR if the birth was registered before this date even if he was named on the birth certificate; in such a situation he may enter into a PR Agreement with the mother if she agrees to this or apply for a PR Order from the courts if the mother does not agree to him acquiring PR (see below for further details). If the father is not named on the original birth certificate but the mother agrees to adding his details at a later date then the birth can be re-registered. The details of both parents can be included on the birth certificate if one of the following happens:
  • they sign the birth register together;
  • one parent completes a statutory declaration of parentage form and the other takes the signed form to register the birth.
• PR Agreement: If a mother does not wish to a re-register a birth, or if the child was born before the 1^st of December 2003 and the father is already on the birth certificate, then a father can, with the consent of the mother obtain PR by way of a PR Agreement. This is a prescribed form that both parents sign and it must be witnessed by a justices’ clerk or an officer of the court.
  
  The prescribed form is called a C(PRA1). When the form has been signed and witnessed you need to make two copies of the form and send them to The Principal Registry of the Family Division, the copies will then be stamped and one will be returned to each parent. More details on having the agreement witnessed and where to send it can be found with the notes that accompany the form.
• PR Order:If a mother refuses to either of the above, then the father can still seek to obtain Parental Responsibility by applying to the courts for a PR Order. This is applied for on a C1 form, or if there are on going legal proceedings a C2 form. If the C1 form has to be used it should be sent to the local Family Court closest to where the child lives. If the C2 form has to be used, then it should be sent to the court where proceedings are on going. There would be legal requirement to attempt mediation with the mother prior to applying to court for a PR order unless a relevant exemption applies. The FM1 form accompanies the C1/C2 form.
  
  When deciding on whether or not to grant such an order the court will consider:
  • The father’s connection and attachment to the child; and
  • The father’s reasons for applying for the order.
• Residence Ordergranted prior to 22/4/2014:A father who did not have PR for his child, but has been granted a Residence Order in his favour prior to 22/4/2014 will have automatically gained PRfor his child.
• Child Arrangements Order: A father who is named as the parent with whom the child lives under a Child Arrangements Order automatically gains PR for his child if he otherwise did not have it.
• Subsequently marrying or entering a civil partnership with the child’s mother; the birth should then be re-registered using the LA1 form.

Parental Responsibility guide

How can father who is not married or in a civil partnership obtain Parental Responsibility?

How can a second female parent gain Parental Responsibility?

The rules below only apply to children conceived on or after the 6th April 2009.

Same-sex female couples who are civil partners or married

The mother’s wife/civil partner will be treated as the child’s second legal parent if they were married or in acivil partnershipat the time of conception and provided that the mother’s wife/civil partner consent to the treatment of insemination. (It is presumed that she does consent unless otherwise demonstrated).

This applies irrespective of whether the child was conceived through fertility treatment at a licensed clinic or through artificial insemination by private arrangement at home. There is one exception where it does not apply and this is if the child was conceived through sexual intercourse.

As is the case with a married father, the civil partner/wife will automatically gain parental responsibility and can be named on the birth certificate without attending the birth registration.

Same-sex female couples who are not civil partners or married

For non-civil partners or unmarried couples to be recognised as joint legal parents the following two conditions must be met:

• The couple must conceive through fertility treatment at a licensed clinic in the UK
• The couple must both sign the election forms (which will be provided by the clinic) before the date of conception. The forms will not be effective if signed after conception which means that the couple must be conceiving the child together from the outset.

The non-birth mother’s parental responsibility is dependent on her being named on the birth certificate or, failing that, she can acquire parental responsibility at a later time via parental responsibility agreement or parental responsibility order. She will, regardless, be financially responsible for the child just like a natural father would be.

Same-sex female couples who are not civil partners or married and conception was not through fertility treatment at a licensed clinic in the UK

The non-birth mother will have no legal parenthood and will have to consider step-parent adoption or could gain parental responsibility through being named jointly with the mother as a person with whom the child lives with under a child arrangements order.

How can a step parent obtain Parental Responsibility for a child?

A step-parent who is married to or in a civil partnership with one of the biological parents can obtain PR via the following:

• Step-PR Agreement
• Step-PR Order
• Step-PR Adoption

A step-parent who is not married to or is not in a civil partnership with one of the biological parents can obtain PR via the following:

• Step-PR Adoption

---

Step-PR Agreement

A step parent, who is married to or in a civil partnership with one of the biological parents, can obtain PR by way of a Step PR Agreement. This agreement requires the consent of all those with PR and must be signed by them as well as the step-parent.

The relevant court form is C(PRA2). Guidance notes can be found on this form which outline the process in order to enter into a step-PR Agreement.

Step-PR Order

If any person with PR is unwilling to provide their consent to a step-PR agreement then a step parent could still obtain PR through applying to court for a Step-PR Order.

There is a legal requirement for the applicant to attempt mediation prior to making the application to court. If mediation is unsuccessful and a person with PR continues to refuse consent then the application can then be made to court.

The application can be made on a C1 form and the FM1 form accompanies the application.

There is a fee to make this application but there is a fee exemption form available (EX160 form) if the applicant is on a low income or in receipt of income-based benefits.

Step-PR Adoption

See our information page on 'non-agency adoption'.

Can people other than parents/step-parents acquire Parental Responsibility?

PR is not automatically designated to people who are not parents. However, there are several means by which a person who is not the child's parent/step-parent may obtain PR for the child:

• Appointed as a testamentary guardian (see our page on testamentary guardianship for further information)
• Named as the person with whom the child lives with in a Child Arrangements Order.
• Appointed as the child's special guardian in a Special Guardianship Order.
• Adopting the child.
• Local Authorities will be granted PR if the child is under a care order.

Can Parental Responsibility be restricted?

It can be a difficult time when holders of PR disagree over issues pertaining to the exercising of PR. There are occasions when a person with PR might wish to restrict another person's PR in order to make a decision which they feel is in the child's best interests, for example, a medical or educational issue.

We would firstly advise anyone that when there are disagreements both parties should try and resolve the issue by attempting mediation. Mediation is used where parties are in disagreement over various issues surrounding the child. It is hoped that the parties will work together in mediation together with a mediator to try and reach an amicable resolution without having to resort to court proceedings.

However if mediation does not work, there are Court Orders that can be obtained to assist in overriding a person's Parental Responsibility and putting the disagreement in the Court's hands to make a decision on. These Orders are made under Section 8 of the Children Act 1989 and are either:

• A Specific Issue Order - This Order should be applied for when dealing with a disagreement over a parental decision, or;
• A Prohibited Steps Order - This Order should be applied for when wishing to prevent a person with Parental Responsibility from doing an action.

For example, a specific issue order would be applicable if holders of PR were in disagreement about the particular school that a child should attend. A prohibited steps order, on the other hand, could be used if a person with PR intended to take a child abroad without the required consent and the other person(s) with PR objected to this.

Can Parental Responsibility be removed?

It is uncommon and difficult to remove PR from a child's birth parent. The mother's PR can be removed through adoption, a Parental Order being made (see our page on Surrogacy for further information) or upon their death. The same position applies in the case of a father or second female parent who has acquired PR through marriage/civil partnership.

PR can be removed through a court order if a father acquired PR via:

• A Parental Responsibility Order; or
• A Parental Responsibility Agreement; or
• Registered as the father on the child's birth certificate.

The PR of any step-parent or a second female parent who was not married to/in a civil partnership with the mother can also be removed via a court order.

This application is difficult as the court will rarely grant an order to discharge a parent's PR and should only be used in the most serious cases. The welfare of the child is the court's paramount consideration.

Before making this application, you will need to attempt mediation. There are only a limited number of exemptions to the mediation requirement. You will need to submit the FM1 form with your application to prove that you have attempted mediation or that you meet one of the accepted mediation exemptions (which are listed on the FM1 form).

You will then need to make an application by completing a C1 form. This has a £263 application fee, but if you are on a low income you may be eligible for a help with paying the fee and should submit an EX160 fee exemption form with the application. Once you have completed the forms you need to hand/send them in to your local Family Court and await a Court date. When you attend Court both parties will be given the opportunity to state their position. There is no clear test for removal of PR and this is always dealt with on a case by case basis. The Judge will always look at what is in the best interest of the child when making their decision.