Parental Responsibility

Parental responsibility is the term used to describe the responsibilities that a person may have in relation to a child to secure that child’s welfare. It covers the right to make decisions about medical treatment, religion, education and place of residence. 

It does not, however, relate to financial obligations. Child maintenance, for example, is a liability that exists regardless of parental responsibility. The question as to whether a person should have parental responsibility is also a separate consideration as to what arrangements should be in place regarding a child.

How do I get parental responsibility?

Parental responsibility is acquired in a number of ways:

Married couples

• A mother and father who are married at the time of the birth (or subsequently) will both have parental responsibility. This applies to children born as a result of licensed fertility treatment too, so long as the father consented to the treatment.

Women in a civil partnership or same-sex marriage

• Both women will have parental responsibility for a child born to one of them as a result of licensed IVF or artificial insemination treatment, subject to appropriate consents being in place.

Unmarried Couples (opposite sex)

• A mother will have sole parental responsibility for the child unless the father has acquired - and still has - parental responsibility.

Fathers

• A father who is not married to the child’s mother can acquire parental responsibility in a number of ways:

a) If he is registered as the child’s father on the birth certificate.

b) If he and the child’s mother enter into a Parental Responsibility Agreement.

c) If the court makes a Parental Responsibility Order.

d) If the court makes a Child Arrangements Order naming the father as a person with whom the child is to live, in which case the court must also make a Parental Responsibility Order.

                 Women in a same sex relationship (not married or in a civil partnership)

• A mother to a child born as a result of licensed IVF will have parental responsibility. A female partner who is treated in law as a second parent will have parental responsibility if they acquire it (and have not lost it).

Second female parent

• A second female parent can acquire parental responsibility in a number of ways:

a) If she is registered as the child’s parent on the birth certificate.

b) If she and the child’s mother enter into a Parental Responsibility Agreement.

c) If the court makes a Parental Responsibility Order in her favour.

d) If the court makes a Child Arrangements Order naming the second female parent as a person with whom the child is to live, in which case the court must also make a Parental Responsibility Order.

Surrogacy 

• A Parental Order will transfer parental responsibility to the applicant(s).

Adoption 

• When an Adoption Order is made it extinguishes the parental responsibility that any person other than the adopter(s) had for the child immediately and grants parental responsibility to the adopter(s)

Step-parents

• A Step-parent who is not the parent of the child but who is married to or in a civil partnership with a parent of the child can acquire parental responsibility in one of three ways:

a) They can enter into a Parental Responsibility Agreement with the other parent(s) who has parental responsibility.

b) The court can make a Parental Responsibility Order.

c) Via adoption

Guardians

• A guardian who has been validly appointed in a will or by a court order will have parental responsibility for the child once the appointment takes effect.

Special guardians

• Where a special guardian has been appointed as a result of a court order, they will have parental responsibility.
• Others named within a Child Arrangements Orders
• When a court makes a Child Arrangements Order specifying that a child is to live with someone other than a parent or guardian, that person will have parental responsibility for the child for the duration of the Order.
• Where the court makes a Child Arrangements Order specifying that the child is to spend time with a person who is not a parent or guardian, the court may provide for that person to have parental responsibility whilst the Order remains in force.  

What happens when more than one person has parental responsibility?

Where parental responsibility is held by a special guardian, they are able to override the wishes of any others with parental responsibility.

But in all other cases, parental responsibility is held equally. No person is considered to have more or less rights or duties than any other. Each are able to act alone and without the other in meeting that responsibility, except for a number of situations where agreement is required from all those who have parental responsibility. 

Such situations include changing a child’s name or relocation. There is an expectation that people who share parental responsibility will work together to achieve outcomes that are in the best interests of the child. In the event that there is an issue that cannot be agreed, such as change of name, relocation, child arrangements, contact, residence, custody, medical treatment, religion and education, any person with parental responsibility is able to make an application to the court to resolve the dispute.

Can parental responsibility be lost?

The short answer is yes, but it is not that straightforward.

Adoption always terminates the parental responsibility of those who had it prior to the Adoption Order being made.

Care Orders and Special Guardianship Orders have the effect of granting parental responsibility to the local authority or special guardian but do not terminate any existing parental responsibility where it is held as a result of a Child Arrangements Order. Where Care Orders or Special Guardianship Orders are made, parental responsibility is shared, but the Local Authority or Special Guardian has the ability to make decisions on certain issues that can overrule others with parental responsibility.

People who acquire parental responsibility because a Child Arrangements Order names them as a person with whom the child lives, will only have parental responsibility whilst that Order is effective. It is also the case that Child Arrangements Orders, Specific Issue Orders and Prohibited Steps Orders, whilst not terminating parental responsibility, may impose restrictions on how it is exercised.

These are the most common reasons for parental responsibility being lost or restricted in some way. However, there are also occasions when the court may remove parental responsibility. This can happen where an unmarried father previously acquired parental responsibility, or an unmarried woman is in a same-sex relationship and her partner has a baby via IVF.

In this respect, it is important to acknowledge that unmarried parents who acquire parental responsibility are in a more vulnerable situation than married parents. That said, the status of having parental responsibility relates to the welfare of the child and not the existence of paternity or parenthood. Where an unmarried father makes an application to the court for parental responsibility, the court will consider the degree of commitment the father has shown to the child, the degree of attachment and the reasons for applying. Conversely, similar considerations would apply to a decision to remove parental responsibility and ultimately any decision would be based upon the welfare of the child.

Issues surrounding parental responsibility can be difficult to navigate. Specialist legal advice is key to ensuring the best outcome for you and your child. For a no-obligation chat about how we can help, please contact a member of our specialist family team.