what is parental responsibility?
parental responsibility is a legal concept encompassing a defined collection of rights and obligations that somebody (eg a child’s parent) has towards a child.
what is the legal definition of parental responsibility?
in england and wales, the children act 1989 defines parental responsibility. it states that parental responsibility means 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property… it also includes the rights, powers and duties which a guardian… would have had in relation to the child and his property'.
in scotland, the children (scotland) act 1995 defines parental responsibility. it states that parental responsibility means that 'a parent has in relation to his child the responsibility:
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to safeguard and promote the child’s health, development and welfare;
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to provide, in a manner appropriate to the stage of development of the child direction and guidance to the child;
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if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
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to act as the child’s legal representative,
but only in so far as compliance with this section is practicable and in the interests of the child'.
the use of ‘he’ in the definitions above comes from older legal texts - parents and children of other genders are included within these.
what does this mean in practice?
in practice, this means that anyone with parental responsibility has the right to make decisions about the child and their upbringing. these include:
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making decisions about the child’s education
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making decisions about the child’s religion
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making decisions about the child travelling abroad
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consenting to certain medical treatments for the child (eg surgeries)
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choosing the child’s name and changing the child’s name
day-to-day decisions (eg what clothes the child wears) are to be made by the person the child lives with (eg a ‘resident’ parent).
each person with parental responsibility can typically make decisions on their own (except in some situations, such as when making a decision about leaving the country permanently). however, another person with parental responsibility may challenge such decisions and, if necessary, have the matter decided by the court (eg using a specific issue or prohibited steps order). family mediation may be a good first step to try and resolve any issues before applying to the courts.
having parental responsibility has implications in a wide range of areas. for more information, read parents’ rights and responsibilities.
who automatically has parental responsibility for a child?
the birth mother
a child’s birth mother automatically has parental responsibility.
the child’s father
in england and wales, a father automatically has parental responsibility if the mother and father are married at the date of birth or if they’re in a civil partnership and the father is the biological parent of the child.
in scotland, a father automatically has parental responsibility if the mother and father are married at the date of conception or after the date of conception or if they’re in a civil partnership and the father is the biological parent of the child.
a second female partner
in england and wales, a second female partner automatically has parental responsibility if she is married to or in a civil partnership with the birth mother at the time of treatment (eg donor insemination or fertility treatment). this is not the case if:
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the conception was the result of sexual intercourse, or
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the second female partner does not consent to the conception
in scotland, a second female partner automatically has parental responsibility if she is married to or in a civil partnership with the birth mother at the time of the:
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egg donation
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embryo transfer, or
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donor insemination treatment which produces the child
who can gain parental responsibility for a child?
the child’s father
in england and wales, the father can get parental responsibility if he is registered as the father on the birth certificate (for children born after 1 december 2003)
in scotland, the father can get parental responsibility if he jointly registered the child’s birth with the birth mother (after 4 may 2006).
anyone (including cohabiting partners)
any person connected to a child (eg an unmarried father, an unmarried same-sex partner, or a step-parent) can gain parental responsibility by agreement. this occurs when the birth mother (and any other person with parental responsibility) agrees to the person gaining parental responsibility. this agreement should then be recorded in a parental responsibility agreement (for england and wales) or a parental responsibilities and parental rights agreement (prpra) (for scotland).
if the birth mother (and/or another person with parental responsibility) doesn’t agree to grant parental responsibility, it can also be granted by the courts. the courts can grant parental responsibility by court order (eg a parental responsibility order in england and wales).
ask a lawyer if you have any questions or concerns about getting or granting parental responsibility.
how many people can have parental responsibility?
while a child can only have two legal parents, there is no limit on the number of people that can have parental responsibility. this means that more than one person or organisation (eg local authority) can have and share parental responsibility.
can parental responsibility be transferred?
someone with parental responsibility typically cannot transfer their parental responsibility to someone else.
anyone with parental responsibility can delegate some of their responsibilities for the child to someone else (eg a partner, relative, friend, childminder, teacher, or babysitter). however, they still have parental responsibility and are ultimately responsible for ensuring proper arrangements are made for the child.
temporary carers (eg foster parents) do not gain parental responsibility for a child. they do, however, have to act in the best interest of the child.
the main exception to the rule that parental responsibility cannot be transferred is when a child is given up for adoption.
how long does parental responsibility last?
parental responsibility lasts until either:
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the child becomes an adult
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the child is adopted
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the person with parental responsibility dies,
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or parental responsibility is removed by court order
becoming an adult
in england and wales, this means that parental responsibility ends when a child turns 18.
in scotland, parental responsibility generally continues until a child turns 18. however, those with parental responsibility can only determine what a child can and cannot do until they turn 16. between the ages of 16 and 18, parental responsibility means advising and guiding a child.
for more information, read parents’ rights and responsibilities and children’s rights and responsibilities.
adoption
if a child is adopted, those with parental responsibility for them (eg the child’s parents) lose that parental responsibility. the child’s adoptive parents will then gain parental responsibility for the child.
for more information, read adoption.
death
if someone with parental responsibility dies, they lose parental responsibility for a child.
in england and wales, if everyone with parental responsibility for the child has died, the child’s guardian will gain parental responsibility.
in scotland, a child’s guardian gains parental responsibility when the person who appointed that guardian dies, regardless of whether others still have parental responsibility for the child.
for more information, read appointing a guardian.
court order
parental responsibility can be removed (or ‘discharged’) by order of the court. however, this is very rare.
for example, a birth mother’s parental responsibility is only removed through the adoption of the child. a father’s parental responsibility will typically only be removed in exceptional circumstances (eg due to abusive behaviour or withholding consent for medical treatment) or due to adoption.
in deciding whether to remove parental responsibility, the courts consider what is in the best interests of the child.
are there different levels of parental responsibility?
in practice, parents may have different levels of parental responsibility depending on their relationship with the child and the age of the child.
for example, some parents don't live with their children, while others don't have contact with them
generally, anyone a child lives with (eg a ‘resident’ parent) has a greater degree of responsibility for the child. this also applies to parental responsibilities, as the resident parent has a greater degree of control and insight over the child’s life and upbringing. in other words, a resident parent doesn’t have to include a non-resident parent with parental responsibility in every decision they make regarding the child and the child’s upbringing. however, the non-resident parent should be included in any important decisions about the child’s life.
similarly, parents will usually have a greater role to play than non-parents (eg grandparents).
further, as children get older the level of responsibility usually decreases.
it’s important to note that all parents are required to financially support their children, regardless of whether they have parental responsibility. remember, it is the child who is important and the law acts to protect them, not their parents. for more information, read child maintenance in england and wales and child maintenance in scotland.
if you have any questions about parental responsibility, do not hesitate to ask a lawyer.
