Parental responsibility refers to the legal rights, duties and authority a person has in relation to a child’s upbringing. It is not the same as living with the child or having a particular contact schedule.
The law can be confusing where parents are unmarried, a step-parent wants to take part in decisions or a child was born through fertility treatment or surrogacy. This updated guide explains the framework in England and Wales and corrects the misconception that a parent simply loses responsibility when the child lives with someone else.
Who automatically has parental responsibility?
The person who gives birth to a child ordinarily has parental responsibility from birth. A father or second legal parent may have it automatically depending on marriage or civil partnership and the circumstances of legal parenthood and registration.
An unmarried father can obtain parental responsibility through joint birth registration where the statutory rules apply, a formal agreement or court order. More than two people can hold parental responsibility at the same time.
Step-parents do not automatically acquire it merely through marriage to a parent. Fertility-treatment, adoption and surrogacy arrangements can involve additional legal rules. See GOV.UK’s summary before assuming the birth certificate tells the whole story.
What decisions does parental responsibility cover?
Parental responsibility concerns major decisions about upbringing, such as education, substantial medical treatment, religion, name changes and significant proposals to relocate a child. A parent also has the duty to protect and maintain the child.
Routine matters do not always require every person with parental responsibility to agree. But a significant dispute may require legal advice or a court decision, particularly where there is a risk of unilateral international relocation or contested treatment.
Parental responsibility does not guarantee a fixed amount of contact or overnight care. Those arrangements may be made by agreement or under a child arrangements order.
| Question | Legal starting point |
|---|---|
| Where does the child live? | Agreement or child arrangements framework |
| Who decides the child’s school? | Parental responsibility and significant decision-making |
| Who pays child maintenance? | Separate statutory maintenance rules |
| Can a parent take the child abroad permanently? | Agreement of relevant parties or appropriate court authority may be required |
How can a parent or step-parent obtain PR?
Depending on the person’s connection with the child, parental responsibility may arise through a statutory agreement, a registration step or a court order. Different application forms apply to fathers, step-parents and other parents.
A person seeking parental responsibility should consider whether there is agreement, whether the proposed arrangement serves the child’s welfare and whether an order about living or contact is also required.
The government’s parental responsibility application guidance outlines the agreement and court routes. A standard parental responsibility court application currently carries a £270 fee, subject to any applicable help-with-fees arrangements.
Can a step-parent make school decisions automatically?
A step-parent has cared for a child for several years and attends parents’ evenings. They are married to one of the child’s parents but have not obtained parental responsibility. Being an involved carer is important, yet it does not automatically confer authority to make every major legal decision. The family should consider whether a step-parent parental responsibility agreement or court order is appropriate.
Can parental responsibility be removed?
Generally it does not disappear merely because parents separate, one parent moves away or a child arrangements order provides that the child lives with the other parent. The phrase ‘full custody’ has no automatic effect of extinguishing PR.
The legal route for ending responsibility depends on how it was obtained and the surrounding circumstances. Adoption may transfer legal parenthood and responsibility. Courts can restrict how a person exercises responsibility over particular decisions without necessarily removing it entirely.
Any request to revoke an existing responsibility order, or prevent a parent exercising a particular power, calls for careful analysis of the governing legislation and the child’s welfare. The court will not simply remove responsibility because co-parenting is difficult.
What if parents disagree about an important choice?
A specific issue order may resolve a defined question, such as a school choice. A prohibited steps order can restrict a particular proposed action, for example a unilateral move. Applications can be made using the relevant C100 process, subject to the applicable rules.
A child arrangements order deals principally with living and contact arrangements. These orders can be combined where appropriate, but parents should identify the actual dispute before choosing a form.
Our family law team can advise on parental responsibility, safeguarding, applications and drafting agreements. Contact us for assistance with a decision affecting your child.
Frequently asked questions
Does marriage to a parent give a step-parent parental responsibility?
No, not automatically. A step-parent may obtain it through an appropriate agreement or court order.
Can more than two adults have parental responsibility?
Yes. The law permits more than two people to hold parental responsibility in suitable circumstances.
Does responsibility end when a parent moves out?
No. A change of address or care arrangements does not usually end existing parental responsibility.
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Comments
Would it make sense for parental responsibility to begin at conception? Children are conceived, after all, and prenatally develop. They exist pre-birth. There are many known concerns for harm done to children while in utero, such as certain drugs, alcohol, certain foods, even the cat’s litter box. Why would a parent not have any responsibility toward their child for this duration of their child’s life, while they are dependents, and before their 18th birthday? Also, with the advancement of genetic engineering, and technology known as CRISPR, should a parent have the freedom to genetically modify their children during the embryonic development phase, potentially turning their children into circus freaks to become attractions at the parents’ circus carnival, for example? Do parents not have any responsibility to “protect and maintain the child’s welfare” pre-birth?
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