Who has parental responsibility

A mother automatically has parental responsibility for her child from birth. A father usually has parental responsibility if he’s either: married to the child’s mother listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in) You can apply for parental responsibility if you do not automatically have it. Births registered in England and Wales If the parents of a child are married when the child is born, or if they’ve jointly adopted a child, both have parental responsibility. They both keep parental responsibility if they later divorce. Unmarried parents An unmarried father can get parental responsibility for his child in 1 of 3 ways: jointly registering the birth of the child with the mother (from 1 December 2003) getting a parental responsibility agreement with the mother getting a parental responsibility order from a court Births registered in Scotland A father has parental responsibility if he’s married to the mother when the child is conceived, or marries her at any point afterwards. An unmarried father has parental responsibility if he’s named on the child’s birth certificate (from 4 May 2006). Births registered in Northern Ireland A father has parental responsibility if he’s married to the mother at the time of the child’s birth. If a father marries the mother after the child’s birth, he has parental responsibility if he lives in Northern Ireland at the time of the marriage. An unmarried father has parental responsibility if he’s named, or becomes named, on the child’s birth certificate (from 15 April 2002). Births registered outside the UK If a child is born overseas and comes to live in the UK, parental responsibility depends on the UK country they’re now living in. Same-sex parents Civil partners Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment. Non-civil partners For same-sex partners who are not civil partners, the 2nd parent can get parental responsibility by either: applying for parental responsibility if a parental agreement was made becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth

Apply for parental responsibility

If you’re not the mother, you can apply to court to get parental responsibility . You need to be connected to the child, for example as their father, step-parent or 2nd female parent. More than 2 people can have parental responsibility for the same child. Scotland has its own set of rules, covered under ‘ordinary cause procedures’ . Sign a parental responsibility agreement If you’re a father who wants parental responsibility and the mother agrees, fill in a parental responsibility agreement . There’s a different agreement form for step parents . Take the agreement to your local family court where it can be signed and witnessed. Also take the child’s birth certificate and proof of your identity, like a passport or driving licence. Send 2 copies of the form to the address below: Principal Registry of the Family Division First Avenue House 42-49 High Holborn London WC1V 6NP Apply for a court order If you want parental responsibility but cannot agree on arrangements with the mother, you can apply for a court order. A court order costs £255. You may be able to get help with court fees if you’re on benefits or a low income. To apply, fill in the application for an order (C1). Send this to your local family court . If you and your partner use a surrogate to have a child, you’ll need to apply for a parental order .

Parental rights and responsibilities

What is parental responsibility?

All mothers and most fathers have legal rights and responsibilities as a parent - known as ‘parental responsibility’.

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

Parents have to ensure that their child is supported financially, whether they have parental responsibility or not.

Parental responsibility for separated parents

If you have parental responsibility for a child but you do not live with them, it does not mean you have a right to spend time with your children. However, the other parent must include you when making important decisions about their lives.

You do not always need to get the consent of the other parent for routine decisions, even if they also have parental responsibility.

If it’s a major decision (for example, one of you wants to move abroad with your children) both parents with responsibility must agree in writing.

You can apply for a Specific Issue Order or Prohibited Steps Order if you cannot agree. A judge will then make a decision which is in your children’s best interests.

You must make sure your children are financially supported, whether you have parental responsibility or not.

You can get help to arrange contact with your children.

View a printable version of the whole guide

Parental rights and responsibilities

What is parental responsibility?

Parental responsibility for separated parents

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Parental rights and responsibilities

What is parental responsibility?

Parental responsibility for separated parents

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