What is 'parental responsibility'?

The term ‘parental responsibility’ (or ‘PR’) emphasises a parent’s duties towards their child. This is different from the parent’s rights over their child.

Section 3(1) of the Children Act 1989 defines parental responsibility as being ‘all the rights, duties, responsibilities and authority which, by law, a parent of a child has in relation to the child, or children and their property’.

Having parental responsibility means you are legally recognised as having the authority to make decisions regarding your child's upbringing. In practical terms, this can include:

• Determining where the child goes to school
• Choosing, registering or changing the child’s name
• Accessing a child’s medical records and consenting to a child’s medical treatment
• Consenting to take the child abroad for holidays of extended says

When significant decisions about a child need to be made, all individuals with parental responsibility should be involved. However, day-to-day decisions should be made by the resident parent or the person with whom the child lives, without interference from other parental responsibility holders.

Who has parental responsibility and how can it be acquired?

A mother automatically has parental responsibility, as does a married father, regardless of whether the marriage to the mother occurred before or after the child's birth.

As of 1 December 2003, unmarried fathers of children whose birth is registered on, or after this date, provided they are named on the birth certificate of the child, also have parental responsibility.

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

1. Marrying or entering into a civil partnership with the mother;
2. Having his name registered or re-registered on the birth certificate;
3. Obtaining a Parental Responsibility Order from the court;
4. Having obtained a Residence Order prior to 22 April 2014;
5. Being named as the resident parent under a Child Arrangements Order.

The law treats parental responsibility and child maintenance as being separate. This means that an unmarried father who does not have parental responsibility still has a duty towards his child to provide child support maintenance.

When does parental responsibility end?

Parental responsibility will usually end when a child reaches the age of 18. However, it could happen earlier if:

• The child gets married between the ages of 16 and 18
• There’s an adoption order that overrides the birth parents’ responsibilities

The rules determining legal parenthood and parental responsibility are quite strict. Generally, most parents are both the legal parents and have parental responsibility for their child. However, there are situations where someone can be a legal parent without having parental responsibility, and where someone can have parental responsibility without being a legal parent. Given these complexities, it is important to seek legal advice to ensure that the legal status of the parents aligns with the family’s wishes and intentions. This can help clarify who is considered the legal parent and who has parental responsibility.