Parental responsibility

This page explains the law on parental responsibility, what this means in practice and how a person can acquire parental responsibility.

What is parental responsibility?

Parental responsibility is defined in s 3(1) Children Act 1989 as being:

"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".

The term 'parental responsibility' attempts to focus on the parent’s duties towards their child rather than the parent’s rights over their child.

What does parental responsibility mean in practical terms?

When important decisions about a child must be made, all those with parental responsibility for the child should be allowed to participate. Day-to-day decisions should be made by the resident parent or the person with whom the child lives, without interference from other parental responsibility holders.

In practical terms, parental responsibility means the power to make important decisions in relation to a child. This can include:

• determining the child’s education and where the child goes to school;
• choosing, registering or changing the child’s name;
• appointing a child’s guardian in the event of the death of a parent;
• consenting to a child’s operation or certain medical treatment;
• accessing a child's medical records;
• consenting to taking the child abroad for holidays or extended stays;
• representing the child in legal proceedings;
• determining the religion the child should be brought up with. Where there is a mixed cultural background, this should include exposure to the religions of all those with parental responsibility until the child reaches an age where he or she can make their own decision on this.

Who has parental responsibility?

• Mothers automatically have parental responsibility.
• Fathers who are married to or in a civil partnership with the mother automatically have parental responsibility and will not lose it if they are divorced or the civil partnership is dissolved.
• Second female parents who were married to or in a civil partnership with the biological mother at the time of conception (unless conception was the result of sexual intercourse or the wife or civil partner of the biological mother did not consent to the conception)

How can fathers who are not married to or in a civil partnership with the mother obtain parental responsibility?

A father who is not married to or in a civil partnership with the mother can obtain parental responsibility by:

• marrying or entering into a civil partnership with the mother;
• having his name registered or re-registered on the birth certificate if his name is not already registered;*
• entering into a Parental Responsibility Agreement with the mother;
• obtaining a Parental Responsibility Order from the court;
• having obtained a Residence Order prior to 22/4/2014;
• being named as the resident parent under a Child Arrangements Order;

* The law has changed so that unmarried fathers who registered or re-registered their name on their child’s birth certificate after 1st December 2003 will have parental responsibility for their child.

More detailed information can be found in our parental responsibility How-to Guide.

Do I have any responsibilities for my child even though I do not have parental responsibility?

The law treats parental responsibility and child maintenance as being completely separate. An unmarried father who does not have parental responsibility still has a duty towards his child to provide child support maintenance. An unmarried father without parental responsibility will also still have some rights, for example:

• he has an automatic right to apply to the court for certain court orders in respect to his child; and
• if the child is in Local Authority care, he has a right to have reasonable contact with his child.

Can parental responsibility be transferred?

A person with parental responsibility cannot transfer their responsibility to another person. 

Although it is possible to delegate responsibility for child care to a partner, childminder, teacher, friend, or relative, the person with parental responsibility remains liable and responsible for ensuring that proper arrangements are made for the child.

Temporary carers will not have parental responsibility but may do what is reasonable in all circumstances for the purpose of safeguarding or promoting the child’s welfare.

What is a Parental Responsibility Agreement?

A Parental Responsibility Agreement is an agreement made between the mother and the father to allow him to have parental responsibility if the parents are not married or in a civil partnership together. Both parents will have to agree to this.

What is a Parental Responsibility Order?

A Parental Responsibility Order is an order under the Children Act 1989 that fathers can apply for when they are not married or in a civil partnership with the mother and the mother refuses to allow the father to be registered or re-registered on the birth certificate or refuses to sign a Parental Responsibility Agreement with him.

The court will consider the factors that the court considers relevant from the case of Re H (minors) (Local Authority: Parental Rights) (No 3) [1991] (the 'Re H factors'):

• The father's degree of commitment to the child;
• The state of the father's current relationship with the child;
• The reason for making the application.

Do all parental responsibility holders have to agree before a decision can be made?

In most cases, decisions can be taken by one parental responsibility holder.

For example, a school may only need consent from one person with parental responsibility to take the child on a school trip. If the other parent strongly objects, they could seek a Prohibited Steps Order from the court to prevent this from happening.

Where there is a major decision to be made about the child’s life, all those with parental responsibility will need to agree. For example, if one parent wants to change the name of the child, move abroad with the child, or have the child put up for adoption, all those with parental responsibility must agree.

What if parents cannot agree on a major decision about the child?

If parents are unable to agree about a decision concerning the upbringing of their child, they could try family mediation.

The aim of mediation is to lessen conflict and try to resolve disputes amicably. The process of mediation differs throughout the country. In some mediation services, parents are seen separately and then brought together to see if they can reach an agreement. In other mediation services, the parents are seen together, sometimes with their solicitor or a representative present.

If an agreement cannot be reached, either person can apply to the court for a Specific Issue Order or a Prohibited Steps Order. The parent does not have to have parental responsibility to be able to do this. This order is effectively asking the court to make the decision on behalf of the parents, and the decision will be based on what the court thinks is in the best interests of the child.

Going further

More detailed information can be found in our Parental Responsibility How-to Guide.