Parental Responsibility

What is it?

Why do I need it?

It's not really a big deal day-to-day because anyone with PR can delegate their rights and responsibilities to whoever is looking after the child. And, in an emergency, that person can consent to medical treatment for the child even if they don't have PR.

But you might feel more secure putting your relationship with your child or step-child on an official footing, so that it will be recognised by others. And, if the mother (or the parent the child lives with in the case of step-parents) were to die, you would need PR to be able to take care of the child yourself.

It's how the law describes the responsibilities and rights that go with being a parent. If you have parental responsibility (PR) for a child, you have a legal duty to care for, and to protect, that child and a legal right to make decisions about that child’s future, which will be recognised by schools, hospitals, local authorities and everyone else.

It includes things like choosing your child's names, the religion they'll be brought up in and what schools they'll go to. It also means you'll be able to do things like consent to medical treatment for them, apply for a passport for them, consent to their marriage if they want to marry before they're 18, and look after any property they are entitled to until their 18th birthday.

How do I get it?

Mums
Mums always have it.

Unmarried Dads
If you're not married to the mother, you'll only have it automatically if your child's birth was registered on or after 1 December 2003 and your details were included in the registration. If not, you can get it by:

marrying the child's mother;
re-registering the birth to add your details (this won't be possible if your details were already registered before 1 December 2003);
making a PR agreement with the child's mother;
applying to the court for an order (if your child's mother will not agree to any of the above); or
becoming the child's guardian if the mother dies.

Second female parents (of children conceived on or after 6th April 2009)
You will have PR automatically if your details were included in the birth registration on or after 1st September 2009. If not, you can get it by:
* making a PR agreement with the birth mother
* applying to the court for an order
* being appointed the child's guardian if the birth mother dies

How to make a Parental Responsibility Agreement with the child's Mum - for Dads and Second female parents

One
Get the official form. Dads need form C(PRA1) and second female parents need form C(PRA3). You can download it from the Court Service website (see 'links to other websites' on the right hand side) or get it from your local Family Proceedings Court or County Court. You need one form for each child.

Two
The instructions about filling in the form are on the back. You must follow these carefully.

Three
You have to sign the form at a Family Proceedings Court, or a County Court. If you are in London, you could also go to the Principal Registry of the Family Division. The address is on the form.

Four
Make sure that you take the documents you need with you. These are listed on the form. If you can’t find the children’s birth certificates you will need to get replacements. You can get them online (see 'links to other websites').

Five
Once you have signed the forms you must send them, along with two photocopies, to the Principal Registry to have them registered. There is no fee for this. The Registry will record the agreement, stamp the forms and send the copies back to you. You need to keep them safely.

For step-parents
You can only get PR by applying to court for a 'residence order'. If the court makes the order, it will say that the children should live with you - either permanently, or for a particular period. It will also give you PR for them for as long as the order lasts.

Unmarried step-parents (in male-female and same-sex couples) can also adopt their partner’s children.

See our step-by step guide to how to get Parental Responsibility for your partners children .