What is 'Parental Responsibility'?

Well, first things first, it has nothing to do with how trustworthy and sensible you are or whether you make your child eat their greens. 'Parental Responsibility’ is a legal term - and, like many legal terms, few people know it exists, and even fewer understand it.

The legal definition of Parental Responsibility (PR) is 'all the rights, duties, powers, responsibilities and authority' that go with being a parent. It means that you have a duty to care for and protect the child and that you have a right to make decisions regarding that child's future.

If you have PR you can consent to medical treatment for your child, choose their school and decide how he or she should be brought up. You can choose their name and religion. You can apply for a passport for the child. You might, in due course, be asked to consent to the child’s marriage if he or she wants to marry before they reach 18. It also means that if the child is entitled to any property, you have the right to look after it for him or her.

It does not mean you have to pay maintenance - Child Support and Parental Responsibility are not connected in any way. All parents (either by birth or by adoption) have a duty to financially support their child, whether or not they have Parental Responsibility.

It is also not connected to any right you have about contact with the child, or have him or her live with you. Although, if you have Parental Responsibility it is possible that the court may look slightly more favourably on your application for contact or residence.

Don't all parents have it?

No. Mums always have PR automatically, so do married dads. But dads who aren't married to the mother of their children often don't.

Do I have it?

Yes - you automatically have Parental Responsibility

• If you're the mum
• If you have adopted the child
• If you are the dad, and you are married to your child's mother (either when the child is born or at a later date)
• If, since 1st December 2003, you have been registered on the birth certificate as the father (this has nothing to do with what surname the baby has been given)

No - you don't automatically have Parental Responsibility

• If you are not married to your child's mum unless, since 1st December 2003, you have been registered on the birth certificate as the baby’s father. But it isn't hard for you to get it.
• If you are not the natural (or adoptive) parent, but your partner is, no matter how involved you are in the child's life, you do not automatically have Parental Responsibility. But there are ways you can get it.

Why does it matter?

On a day-to-day basis, it doesn't really. Whether you have Parental Responsibility or not has very little impact most of the time. A parent with Parental Responsibility is entitled to delegate it to whoever is looking after the child, and, in an emergency you could consent to medical treatment for the child even if you don't have PR.

So why should you bother with it?

There are two reasons why it might feel right for you:

• If the child’s parent dies and it seems best that the child continue to live with you, you will need to get Parental Responsibility by applying to court. This will be stressful and time consuming and all at a time when you (and your children) will have other things on your mind.
• For many families, it confirms, legally, what they feel is the position anyway, and helps everyone to feel more secure.

How do I get PR then?

1. If you are the natural dad of a child that was born before December 2003 but there is no father registered on the birth certificate, you can re-register the birth, adding your details (see links on right for more details). This option isn't open to fathers who are already registered on the birth certificate.
2. If you are the natural dad, and the child's mother agrees to you having PR, you can make a PR agreement with her and get it witnessed by the court. Parental Responsibility for fathers (77 KB) Download our step by step guide as a leaflet or use the menu on the right to view it as a web page.
3. If you are unable to add your name to the birth certificate and your child's mum refuses to make an agreement, you can apply to the court for a Parental Responsibility order (see links to other websites for more information).
4. You can get PR for your partner's child if that child lives with you, by asking the court for a Residence Order, although there are some issues you need to consider first. Parental responsibility for your partner's child (104 KB) - Download our step by step guide as a leaflet or use the menu on the right to view it as a web page.

We also have a guide for new mums who are expecting a baby and aren't married to the father, which explains Parental Responsibility and the things you might need to think about. I'm expecting a baby (73 KB) Download our step by step guide as a leaflet or use the menu on the right to view it as a web page.

March 2007