What is Parental responsibility?
“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.” Section 3 the Children Act 1989.
Parental responsibility is the rights, duties and powers given to a parent or guardian which legally allows them to care for the child and make day-to-day decisions. Parental responsibility is a responsibility and not a power.
Who has parental responsibility in opposite sex relationships?
Birth mother:
A birth mother will automatically have parental responsibility unless there is a court order in place that states otherwise. These orders are a Parental Responsibility Order or Adoption Order.
Surrogate mother:
If you use a surrogate, they will be considered the child’s legal parent at birth as they are the birth mother. They will have parental responsibility.
If the surrogate is married or in a civil partnership, her partner will also acquire parental responsibility provided they consent to the insemination.
Parental responsibility can be transferred from the surrogate and potentially her partner by Parental Responsibility Order or Adoption Order after the child is born.
A surrogacy agreement may be drafted and signed prior to birth; however this is not enforceable under UK law,.
Father:
A father will automatically acquire has parental responsibility if he is or was married to or in a civil partnership with the mother of the child at the time of the birth.
If the mother and father are not married at the time of birth but the father is named on the birth certificate he will have parental responsibility. In order for his name to be on the birth certificate the father must attend with the mother to register the birth.
If neither of the above apply you will need to apply to Court for a Parental Responsibility Order.
Under new guidance, if you are named on the birth certificate as the father and it is discovered though DNA testing that you are not the father you will no longer have parental responsibility and will require a Parental Responsibility Order should you wish to continue to retain parental responsibility.
Who has parental responsibility in same sex relationships?
Same sex female relationships
The birth mother will automatically have parental responsibility.
The second mother will automatically have parental responsibility if they are in a civil partnership at the time of conception.
If they are not, they can acquire parental responsibility either through a court order, or following a subsequent civil partnership, a parental responsibility agreement.
Same sex male relationships
In same-sex male relationships, parental responsibility will be granted for both father’s under a Parental Responsibility Order or Adoption Order following the child’s birth.
This is also the same in same sex female relationships when a surrogate mother is used.
Who else has parental responsibility?
Guardians:
A guardian of a child is someone that care for a child who is not their child.
A guardian can acquire parental responsibility by Court Order such as a Parental Responsibility Order or a Special Guardianship Order.
A Special Guardianship Order provides the guardian with enhanced Parental responsibility. This means that they can make decisions to the exclusion of others that hold parental responsibility.
Adoptive parents:
Parents that adopt children will obtain parental responsibility through the adoption order. An adoption order will also remove parental responsibility from the birth parents or guardian.
The Local Authority:
The Local Authority can acquire parental responsibility for a child/children when they are concerned about the child’s welfare by applying to the Court for a Care Order. A Care Order means the Local Authority shares parental responsibility with the other people who hold parental responsibility.
Delegated Authority:
Those with parental responsibility may delegate authority to other to enable them to make day to day decisions regarding the care for a child. Some examples of this would be a parent delegating authority to their partner or the child’s grandparents when leaving a child in their care or The Local Authority delegating authority to a foster carer when a child is placed in foster care.
