What is Parental Responsibility?
Parental responsibility is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and the child’s property.”
Anyone with parental responsibility for a child must ensure that the child is provided with a home and must protect and maintain that child. In addition, they are responsible for making decisions relating to the child including:
- Where they should live
- Which school they attend
- Their name
- Their religion
- What medical treatment they have
- Whether they can leave the UK
Who automatically has Parental Responsibility?
A biological mother automatically has parental responsibility for her child from birth. However, this is not always the case for a biological father of a child.
A father will usually have parental responsibility if they're married to the mother when the child is born. This would be the case even if they're not the biological father as it is presumed you are. They'll also have responsibility if they marry the mother after the birth if they are the biological father.
If the child was born after 1st December 2003, a father named as the child’s father on their Birth Certificate will have parental responsibility. Unmarried parents must both be present at the registration of the child’s birth for a father to be named on a Birth Certificate. This is not the case for married parents. A birth certificate can be later altered to include a biological father either by court order or agreement of both parents.
What can I do as a Father if I don't have Parental Responsibility?
If a father doesn't automatically have parental responsibility, there are a number of options available to obtain it. If the child's mother agrees to the father having parental responsibility, they could enter into a Parental Responsibility Agreement. This is then taken to a local Family Court to be signed and witnessed.
If the mother does not agree to the father having parental responsibility, the father could apply to the Court for an Order granting him parental responsibility. This would be known as a Parental Responsibility Order. The Court would usually grant a biological father parental responsibility for their child. This type of application is usually made at the same time as an application for a Child Arrangements Order.
If you are not sure of your rights and responsibilities in relation to your child, or need some assistance in obtaining parental responsibility, please contact us for an appointment. Our Children and Family Law Solicitors in Rochdale will be happy to help.
