Parental responsibility

Who has parental responsibility?

A married couple who has children together both automatically have parental responsibility. After a divorce, parental responsibility continues. From a legal standpoint, mothers automatically have parental responsibility. Where the parents are not married, the unmarried father has parental responsibility if:

• his name is registered on the birth certificate (after a certain date, depending on which part of the UK the child was born in)
• both parents have signed an authorised parental responsibility agreement
• he obtains a parental responsibility order from the court
• he obtains a 'child arrangements order' from the court
• he becomes the child's guardian

Others, such as grandparents and stepparents, do not have parental responsibility. They can acquire it by:

• being appointed as a guardian to care for a child if their parent dies
• obtaining a 'child arrangements order' from the court for a child to live with them
• adopting the child

Why would someone want parental responsibility?

If you are living permanently with a child, in a parental role, you may feel that you want the authority, stability and recognition. This is especially so if the other parent has no contact, or is abroad, unknown or dead. Without parental responsibility you cannot make the decisions about a child's life, such as choice of school or religion, surname or guardian on your death. If you are a stepparent, you cannot automatically have the child live with you on the death of a resident parent unless you have parental responsibility and so the other parent (providing that he or she has parental responsibility) may have a greater claim for the child to live with them.

If someone new gets parental responsibility, do others automatically lose it?

No. Several people can have parental responsibility at the same time. Adoption and care proceedings are different. Parental responsibility can be lost where:

• in the case of parents their child is adopted
• in the case of a person having acquired parental responsibility through a court order, that order later being revoked by the court
• in the case of a local authority with care order and the court later revoking the care order
• in the case of a guardian where the court appoints another guardian

How to apply for parental responsibility

If you can, talk to the mother and let them know that you would like to have parental responsibility. If she agrees, you can enter into a Parental Responsibility Agreement which is a form C(PRA1).  This is a formal agreement between you and the mother, which needs to be registered with the court.

If the mother does not agree about you having parental responsibility, you can apply to the court for a Parental Responsibility Order. You'll need to fill out a C1 form and send it to your local family court. The court will consider your application and make a decision based on the child's best interests.  They will look at the relationship between you and your child, the child’s welfare, your reasons for wanting parental responsibility and more.

It's important to seek legal advice if you're applying for parental responsibility, as the process can be complex to navigate. A solicitor can help you understand your rights and options and represent you in court if necessary.  

Other organisations that can help

Visit GOV.UK for up to date information, advice, forms and cost information.

Cafcass have advice on parental responsbility that you may find helpful

AdviceNow have a downloadable guide and information on parental responsibility