Parental Responsibility: What it covers and how to obtain it

What does parental responsibility mean?

Parents with parental responsibility for their child(ren) can make significant decisions regarding their child’s life. This includes, but is not limited to, the power to make decisions about:

• Determining a child’s education and which school they attend
• Giving consent to a child’s operation or specific medical treatments
• Accessing a child’s medical records
• Determining a child’s religion
• Choosing, registering or changing the child’s name
• Consenting to travel abroad, taking the child abroad for holidays or extended stays
• Appointing a guardian for the child in the event of a parent’s death

Parental Responsibility is defined in Section 3(1) of the Children Act 1989 as:

“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”.

A person with parental responsibility cannot transfer their responsibility to another. The definition aims to emphasise a parent’s obligation towards their child rather than their rights over the child.

Where parents have separated, day to day decisions can be made by the parent with whom the child lives and does not require the involvement of any other individuals who hold parental responsibility.

Who has parental responsibility?

A birth mother will automatically have parental responsibility for the child upon their birth. If at the time of the child’s birth, the mother and father are married or in a civil partnership, the father will also automatically have parental responsibility.

Where the mother and father are not married at the time of the child’s birth, the father will not automatically have parental responsibility and will only obtain it if he is named on the birth certificate.

A father who is not married to or in a civil partnership with the mother or named on the birth certificate can obtain parental responsibility by:

1. Reaching an agreement with the mother and obtaining a formal Parental Responsibility Agreement

It is possible to reach an agreement between the mother and father to grant him parental responsibility when the parents are not married or in a civil partnership.

In order for the arrangement to be valid, both parents must agree.

2. Having the father’s name added or updated on the birth certificate

Under updated law, unmarried fathers who are added or their name updated on the child’s birth certificate after 1^st December 2003 will automatically gain parental responsibility.

3. Applying to the Court for a Declaration of Parentage

The Court would need to consider whether paternity has been established before granting a Declaration of Parentage.

If paternity is confirmed, a declaration of parentage declares whether the individual is the legal or biological parent of the child. However, it is important to note that while the declaration establishes legal parentage, it does not automatically grant parental responsibility. It can, on the other hand serve to have the child’s birth re-registered with the father’s details.

Where paternity is not accepted by both parents, before a declaration can be made the Court may expect to see a DNA test confirming paternity.

Upon the Court granting the Declaration of Parentage, the Court will inform the General Registry Office and the child’s birth will be re-registered to include the father’s details on the birth certificate. It is at that stage that a father is granted parental responsibility when his name is added to the birth certificate during the re-registration process.

4. Applying to the court for a Parental Responsibility Order

Fathers can apply to the Court for a Parental Responsibility Order under the Children Act 1989 if the mother refuses to have the father registered or re-registered on the birth certificate or refuses to sign a Parental Responsibility Agreement with him.

The Court sets a higher threshold for acquiring parental responsibility than a declaration of parentage.

The court consider the factors considered relevant from the case of Re H (minors) (Local Authority: Parental Rights) (No 3) [1991] (also known as the “Re H factors”):

• The father’s level of commitment to the child;
• The father’s degree of attachment to the child;
• The father’s motivation for applying for such an Order.

The Court will then decide whether to accept or reject the application based on what it determines to be in the child’s best interests.

There is no guarantee that a father would be granted a Parental Responsibility Order in the first instance and if that did not happen, they may therefore seek to apply for a Declaration of Parentage. However, it is not possible to guarantee the outcome of any application, the Court may be minded granting a Parental Responsibility Order instead of a Declaration of Parentage.

5. Being named as the resident parent under a Child Arrangements Order

An unmarried father without parental responsibility of their child still has the right to apply to the Court for a Child Arrangements Order.

If you find yourself in a position where you wish to obtain parental responsibility or require further advice on this issue, our specialist family lawyers are here to help.

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Author: Chloe Dixon

Published: 29.01.25