What is Parental Responsibility, and do I have it?

Written by Rhianna Greenley | Family team |03 November 2023

Frequently I am asked whether a parent has rights in respect of their child and what this means for them as a parent.

Simply, there will be a question about whether the parent has Parental Responsibility and if they don’t, how they can get it.

What is Parental Responsibility?

Parental Responsibility is all the rights, duties, powers and responsibility and authority which by law a parent of a child has in relation to the child and his/her property.

Essentially this means that the parents who share Parental Responsibility will have a say in the wider issues relating to the children. For example, wider important issues would be in relation  to education, religion and health. This allows a parent with Parental Responsibility, regardless of who the primary carer is, to be able to speak with the child’s teacher, request medical updates with the GP directly and be involved with other important decisions.

If all parents with Parental Responsibility agree, they can make a decision to change the child’s name together or agree to remove the child permanently from the UK without the need for a Court Order. However, if there is no agreement, a Court Order will be required.

It is important to remember that it is generally the parent with day to day care who would deal more routine matters, for example, what the child will wear or eat that day. 

How do I get Parental Responsibility for my child?

Biological Mothers

Biological Mothers automatically have parental responsibility for their child.

Biological Fathers

If a child's biological parents are married or in a civil partnership with each other when the child is born, both of them automatically share parental responsibility.

Unmarried fathers can obtain parental responsibility by one of the following:

• Jointly registering the birth of the child with the mother

• Getting a parental responsibility agreement with the mother and this is registered with the Central Family Court

• Getting a Parental Responsibility Order from a Court

• Getting a “Live With” Order to confirm the biological father is resident parent

• Later, marry the child’s mother and the father is the biological parent of the child (this does not give step-parents parental responsibility)

It is important to remember that the biological father will not lose parental responsibility if the parents were married but then divorced.

Same-sex parents

If one parent is the natural parent, both parents will share Parental Responsibility if they have entered into a civil partnership prior to starting the fertility treatment (such as IVF). In this case, both parents will share Parental Responsibility.

For same-sex partners, who are not civil partners, the non-carrying parent can get parental responsibility by:

• Entering into a Parental Responsibility Agreement.

• Applying for Parental Responsibility.

• If applicable, applying for a Parental Order which transfers parentage from a surrogate mother to the intended parent or parents.

• Becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth.

What about step-parents and grandparents?

It is important to remember that step-parents do not automatically share Parental Responsibility for a child, even if they live with them.

Grandparents also do not automatically have Parental Responsibility for their grandchildren.

Can I transfer my Parental Responsibility?

Parental Responsibility cannot be transferred to another person, but it can be delegated.

This means that one parent could delegate Parental Responsibility to the grandparents, if they are babysitting for the afternoon. The parent would still have Parental Responsibility and is still responsible for making sure the child is safe and looked after.

What if there is question of who the biological father is?

If there is a question on who the father is, a DNA test could be performed to confirm parentage. If this is not agreed, an application to the Court should be considered.

It is important to seek legal advice on your specific situation if you have any questions about arrangements for your child or are unsure whether you share Parental Responsibility for them. You can contact our experienced Family team by calling 01752 827030 or emailing family@nash.co.uk. We’d be more than happy to have a chat with you about how we can help.