What is Parental Responsibility, who has it and how to obtain it

Parental Responsibility is a legal term which means:

“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.”

Parental Responsibility bestows legal rights in respect of a child to an individual who can then make decisions in relation to schooling, religion and they can also consent to any medical treatment required.

Who has Parental Responsibility?

• Mothers automatically have Parental Responsibility for their children from birth.
• A father, or second parent in a same-sex relationship, will automatically hold Parental Responsibility if they are married to (or in a civil partnership with) the mother.
• Step-parents, grandparents and others with a close connection to a child can also obtain Parental Responsibility if they meet certain criteria.

How can I obtain Parental Responsibility?

If a father or second parent is not married to the mother, they will have Parental Responsibility if their details are recorded on the child’s birth certificate.

Whilst it is not a requirement for a second parent’s name to be included on a birth certificate, a recent case highlighted the difficulty of an unmarried woman who was trying to get her late partner’s name put on their baby’s birth certificate.
Chris Vickery sadly died suddenly while his partner, Kirsty Gravett, was pregnant with their third child. As the couple had been unmarried, Chris’s name was not automatically included on the birth certificate. This resulted in Kirsty having to obtain a Declaration of Parentage from the Court before re-registering their baby’s birth.
MPs are currently campaigning for a change in the law to make it easier for unmarried parents to get their names on birth certificates.

If a mother refuses to include their partner’s name on the child’s birth certificate there are several ways in which Parental Responsibility can be obtained.
The easiest way is to enter into a Parental Responsibility Agreement but this requires the consent of all parties, which is not always possible. Forms can be obtained from the Family Court which need to be signed by the parties at Court and witnessed by a Court officer. Step-parents who are married to a parent with Parental Responsibility may also be able to acquire PR through this method.

If a mother does not agree to entering into a Parental Responsibility Agreement, an application to the Family Court for a Parental Responsibility Order is necessary.

An individual such as an unmarried father, a step-parent or a grandparent can acquire Parental Responsibility if they have an order in their favour that the child lives with them. Similarly, if an individual is appointed a Special Guardian of a child, they will gain Parental Responsibility.

Another way to obtain Parental Responsibility is by adopting the child and, historically, this was the most common way for a step-parent to acquire the same.

Sometimes, the Court or the Local Authority may share Parental Responsibility for your child with you if, for example, the child is made a ward of the Court or a Care Order is issued.

Finally, if someone is appointed a Guardian of a child, either by virtue of a Will or by the Court upon the death of a child’s parents, they too will hold Parental Responsibility.

If you have more questions about Parental Responsibility you can contact our helpful family lawyers on 02476 231000.