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What is Parental Responsibility?

by | Feb 21, 2024 | Blog

What is parental responsibility?

Parental responsibility as defined by S3(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 their property.

What does parental responsibility mean?

It means a parent has the right to make decisions for their child such as their name, where they live, how they are educated and being able to make decisions for their general welfare and medical issues.

Who has parental responsibility?

A mother upon birth of a child

A biological father only has parental responsibility if:

  1. He was married to the mother at the time of conception or married to her later on.
  2. If  he is registered on the birth certificate for any child born after 30th November 2003
  3. He enters into a formal agreement with the mother on Form C(PRA1) which is registered at the Central Family Court
  4. He has been granted parental responsibility following a Court application under S4 of the Children Act 1989

Same sex parents

Same sex partners will both have parental responsibility if they were civil partners at the time of the treatment i.e fertility treatment or donor insemination

For some same sex parents who are not civil partners, the second parent can acquire parental responsibility by:

  1. Jointly registering the birth
  2. Becoming a civil partner/or through marriage
  3. Entering into a formal agreement
  4. They have been granted parental responsibility following a Court application

Can step parents acquire parental responsibility?

Yes but only if the biological parents agree with this. If there is an agreement, then Form C(PRA2)        can be completed and signed by all and submitted to the Central Family Court

If there is no agreement, an application can be made to Court.

Can parental responsibility be terminated?

Yes in exceptional circumstances and by Court application only.

To discuss your circumstances with our specialist team, call 0800 118 1500 or read more about our Family Law team at: www.talbotslaw.co.uk/site/for-you/family-law-solicitors/

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