Parental responsibility refers to the legal rights, duties and responsibilities that a parent has for their child.
All mothers and most fathers automatically have parental responsibility, which allows them to make decisions about their child’s upbringing and welfare.
Parental responsibility can be lost and gained in certain circumstances, and it is possible for someone to have parental responsibility for a child without being their legal parent.
In this blog, our experienced Child Law Solicitors answer frequently asked questions about parental responsibility.
What is parental responsibility?
Parental responsibility is defined by the Children Act 1989 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”.
According to GOV.UK, if you have parental responsibility, your most important roles are to:
- Provide a home for the child.
- Protect and maintain the child.
You’re also responsible for:
- Disciplining the child.
- Choosing and providing for the child’s education.
- Agreeing to the child’s medical treatment.
- Naming the child and agreeing to any change of name.
- Looking after the child’s property.
Having parental responsibility means that you can make certain decisions about your child’s life, such as deciding where your child goes to school, consenting to certain medical treatment and agreeing to their going abroad on holiday or for extended stays.
If you have parental responsibility for a child but you do not live with them, the other parent must include you in any important decisions that need to be made about the child’s life.
Who has parental responsibility?
Biological mothers are automatically granted parental responsibility upon the birth of their child.
If a father is married to the child’s mother at the time of birth, he automatically shares parental responsibility.
Additionally, since 1 December 2003, if the father’s name is shown on the birth certificate, he also has parental responsibility.
Parents who separate continue to have parental responsibility for any children they have together.
Parental responsibility can also be acquired by non-parents.
How do you apply for parental responsibility?
Parental responsibility can be acquired by non-parents through Parental Responsibility Agreements or Parental Responsibility Orders and by various people such as stepparents, second female parents and unmarried fathers.
If you are caring for a child and are considering applying for parental responsibility, get in touch with Beverley Morris & Co. Solicitors.
Our specialist child lawyers in Blackheath advise on the options available to you and the best way to proceed.
For more information, or to speak to one of our experienced child arrangements solicitors in London, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.
Alternatively, click here to arrange a call back.
A local authority can also obtain parental responsibility for a child by making an application for a care order.
Can parental responsibility be lost?
Parental responsibility can be lost through a court order. Adoption orders and parental orders (to transfer legal parenthood from a surrogate mother to the intended parents) both revoke parental responsibility.
Under Jade’s Law, which received royal assent in May 2024 and was introduced as part of the Victims and Prisoners Bill, a parent found guilty of murdering the other parent will also have their parental responsibility removed.
Child Law Solicitors Blackheath
At Beverley Morris & Co. Solicitors, we provide specialist private children law legal services for parents seeking advice and representation on parental responsibility and finances.
Our dedicated family law team has extensive experience in navigating the complex legalities surrounding all private child law matters and disputes.
We understand how stressful disputes involving children can be for all involved. Beverley Morris & Co. Solicitors has extensive experience in a wide range of child law issues including:
- Child Arrangements Orders.
- Residence Orders.
- Contact Orders.
- Parental Responsibility Agreements.
- Changes of Name and Adoption.
- International or National Relocation.
- Child Support and Child Maintenance Agreements.
- Co-Parenting.
- Non-Return of Children.
Families going through a divorce or separation can be faced with many pressures and children involved in a dispute can find the experience particularly challenging.
Our experienced family law team will work with you to resolve matters in the most amicable and constructive way possible, finding a solution that is centred around the best interests of the child.
For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.
Alternatively, click here to arrange a call back.