Parental Responsibility: Who Has It and How to Get It?

If you have a child or care for one, it’s important to make sure you have the legal authority to make important decisions on their behalf.

From where they go to school to what medical treatment they receive, you need parental responsibility to make many of the important decisions that help shape a child’s future.

While a child’s mother is automatically granted parental responsibility when a child is born, the father does not automatically gain the same rights unless married to the mother.

At Hibberts Solicitors, our team of child law solicitors in Cheshire helps families throughout Crewe, Nantwich, Northwich, Tarporley, and the surrounding areas to navigate all aspects of parental responsibility, child arrangements, and wider family law.

In this guide, we explain what parental responsibility is, who automatically has it, how to get it, and the legal rights and responsibilities it provides.

What is parental responsibility?

According to the Children Act 1989, parental responsibility refers to the “rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his property.”

Those with parental responsibility must provide the child with a home, protect and look after them, and make important decisions regarding their life.

It is possible for someone who is not the child’s biological parent to gain parental responsibility in some situations.

What legal rights and duties does parental responsibility give you?

Having parental responsibility for a child gives you the legal authority to make important decisions about the child’s upbringing.

Anyone with parental responsibility has a duty to:

• Always act in the child’s best interests.
• Provide the child with a safe home.
• Protect and look after the child.
• Make decisions about the child’s education.
• Agree to the child’s medical treatment.
• Look after the child’s property.
• Set the child boundaries and correct their behaviour.

Who has automatic parental responsibility?

When a child is born, only certain people gain automatic parental responsibility for the child.

• The mother

A child’s biological mother is automatically granted parental responsibility at the child’s birth.

• The child’s father (if married to the child’s mother)

The child’s father also gains automatic parental responsibility if he is married to or in a civil partnership with the mother when the child is born.

• Same-sex partners (if married or in a civil partnership)

Same-sex partners also automatically gain parental responsibility when the child is born if they are married or in a civil partnership with the mother at the time the child was born or conceived.

How can a father get parental responsibility?

If, when a child is born, the father is not married to the mother, he does not automatically gain parental responsibility. However, there are several routes he can take to obtain it.

• Jointly registering the child’s birth

The simplest way a father can obtain parental responsibility (if he’s not married to the mother) is to register the birth with the mother so that his name appears on the child’s birth certificate.

• Marrying the child’s mother

The father could marry the child’s mother and then re-register the child’s birth to gain parental responsibility.

• Being named in a child arrangements order

If the court makes a child arrangements order naming the father as someone the child lives with, the father automatically gains parental responsibility while the order is in force.

• Making a parental responsibility agreement

If the mother agrees that the father should also have parental responsibility, they can fill out a parental responsibility agreement form (Form C PRA1) together to grant the father parental responsibility.

• Applying to the court for a parental responsibility order

If the mother does not agree that the father should have parental responsibility, then he can apply to the court for a parental responsibility order using the Children Act 1989 Form C1.

Does paying child maintenance give me parental responsibility?

Both parents must provide financial support for their child, regardless of whether they have parental responsibility or not. Child maintenance and parental responsibility are two separate legal matters. Paying child maintenance does not give you parental responsibility.

Who else can gain parental responsibility of a child?

Today, families come in all different shapes and sizes, and the child’s birth parents may not always be the only or the most appropriate people to have parental responsibility.

In certain circumstances, where there are concerns about the child’s welfare, or where a birth parent cannot look after their child for some reason, other people may become involved in the child’s upbringing.

Grandparents, step-parents, other family members, and carers may also be able to gain parental responsibility for a child in certain circumstances. Depending on the situation, this may be achieved through a child arrangements agreement, a child arrangements order, being appointed as the child’s guardian or special guardian, or by adopting the child.

What’s the difference between a parental responsibility agreement and a parental responsibility order?

Both parental responsibility agreements and parental responsibility orders can be used to grant parental responsibility to someone who does not automatically have it.

The main difference between the two options is consent. An agreement can only be made with the mother’s consent; without it, you will need to apply to the court for a parental responsibility order.

Parental responsibility agreement

To make a parental responsibility agreement, both parties must complete the parental responsibility agreement form (Form C PRA1)  and then take it to a local family court, county court, or solicitor’s office for their signatures to be witnessed. After the document has been officially registered, both parties then share parental responsibility for the child.

Parental responsibility order

If you want to gain parental responsibility, but the child’s mother has refused to help make a parental responsibility agreement, you can instead apply to the family court for a parental responsibility order by completing  Form C1.

On what grounds can parental responsibility be taken away?

In the UK, parental responsibility is generally considered a lifelong responsibility. However, it can be taken away in exceptional cases if a parent poses a serious risk of harm, it is believed to be in the child’s best interests to do so, or following adoption or surrogacy.

What counts as proof of parental responsibility?

When making significant legal or medical decisions for a child, you may be asked to prove that you have parental responsibility (and so the legal authority to do so).

The documents you need will depend on how you acquired parental responsibility, but common forms of evidence include:

• The child’s full birth certificate (if you are named on the certificate).
• A parental responsibility agreement.
• A court order.
• An adoption certificate
• Other legal documentation relating to guardianship or surrogacy.

Can someone with parental responsibility make decisions about the child’s upbringing on their own?

If you are separated from the child’s other parent, it’s not always practical to consult them on every decision you make regarding your child. While it’s fine to make day-to-day decisions independently, any major decisions regarding the child’s education, medical treatment, or taking the child abroad should be agreed by everyone with parental responsibility.

If you cannot reach an agreement, you may need to resolve the issue through mediation or by seeking a court order.

When does parental responsibility end?

In the UK, parental responsibility generally ends automatically once a child turns 18 years old.

The only exceptions to this rule are if:

• The child gets married between the ages of 16 and 18.
• The child is adopted, overriding the birth parents’ responsibilities.
• A court order ends parental responsibility to protect the child’s welfare.
• The parent dies.

Contact Hibberts Solicitors for help gaining parental responsibility

At Hibberts Solicitors, we help families throughout Cheshire and Shropshire with all aspects of family law, including child arrangements and parental responsibility.

If you’re unsure who has parental responsibility, need help obtaining it, or are caught up in a dispute, we’re here to help.

Contact us today by calling 01270 624 225 or emailing enquiries@hibberts.com for practical support and friendly, straightforward legal advice tailored to your circumstances. We’re here to make a difficult process that much easier.