Parental responsibility

What is parental responsibility?

Parental responsibility is an important legal concept concerning children. Mothers acquire parental responsibility for their children automatically, but the position is different for fathers. Fathers only have parental responsibility if they were married to the child’s mother at the time the child was born, or if they are not married but named on the child’s birth certificate.

If you do not have parental responsibility for your child, there are ways you can obtain this. You can sign a parental responsibility agreement with the mother of your child to remedy the situation and this would be the easiest, most cost effective way to do this.

Parental responsibility is defined in 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 a child and his property”.

If the mother does not agree to sign a parental responsibility agreement, then you will need to make an application for a Parental Responsibility Order with the Court. You may also wish to consider applying to the Court for a Declaration of Parentage which will allow you to rectify and/or amend an incorrect birth certificate, for example, but will not automatically provide you with parental responsibility.

Specialist Family solicitors

Our expert family solicitors can help and provide you with further information and advice on parental responsibility and resolving family issues relating to children.

We can explain the best way for you to obtain parental responsibility, the Court’s process and advise on the different options available to you including applying for a Declaration of Parentage.