What is it?

Parental responsibility is defined as all the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to his child and his property.

What it is not is a licence for those with it to interfere unreasonably with a childs upbringing. It is designed to relate to important decisions, such as what school a child should go to, or what religion the child is brought up as. If there is a dispute on some such important aspect, a person with parental responsibility has the standing to approach the court and ask it to adjudicate.

Who has it?

The natural mother, regardless of her marital status, will have parental responsibility for each of her children, and nothing short of the child being adopted out will change that.

The natural father will also have parental responsibility if :-

• he was married to the mother at the time of the children's birth; or
• he was not married to the mother at the time of the birth, but has subsequently married her
• Since 1st December 2003 any child born whose father is named on the child's birth certificate has Parental Responsibility

If a father doesn't have it, how can he get it?

A father who does not have parental responsibility may acquire it in one of two ways :-

• he can apply to the Court for an order that he should have parental responsibility. The court is required by law to make such an order if it makes a residence order (see Guide to Children proceedings) in his favour; or
• he may enter into an formal agreement with the mother. This agreement must be written and executed in a set way, and the completed document is lodged with the Principal Registry, the main family court in London, where it is registered.

What if I am not a natural parent, but want parental responsibility?

There are some other circumstances in which people other than a natural parent may acquire parental responsibility :-

• If a residence order is made in his/her favour, a step-parent, usually a step-father, will acquire parental responsibility
• A residence order can also be made in favour of others - for example, grandparents - and would grant parental responsibility to that other person
• If an adoption order is made, the adoptive parents will acquire parental responsibility
• If a Local Authority obtains a care or supervision order in respect of a child, they too will gain parental responsibility from that order