What is Parental Responsibility?

Parental responsibility means you have all the legal rights, duties and responsibilities for the child (Person aged under 16). This gives you the right to be consulted about the child's health, education, welfare and dna test. To legally complete such actions as changing the child's name via Deed Poll, those with Parental Responsibility must first consent to the name change.

Who has Parental Responsibility?

The laws across England, Wales and Scotland differ slightly when it comes to who has parental responsibility. The mother automatically gains this by giving birth to the child, however the laws regarding the father vary according to laws within that country. You will need to review these before ordering a Paternity Test if the mother is not being tested. Here is a simple guide to the laws of each country:

Births registered in England and Wales

A father automatically acquires parental responsibility if he is married to the mother at the time of the child's birth or if he subsequently marries the mother. An unmarried father does not acquire parental responsibility unless he is recorded on the birth certificate from 1st December 2003 (or becomes recorded on the birth certificate following a re-registration of the birth).

Births registered in Scotland

A father automatically acquires parental responsibility if he is married to the mother at the time of the child's conception or if he subsequently marries the mother. An unmarried father does not acquire parental responsibility unless he is recorded on the birth certificate from 4th May 2006 (or becomes recorded on the birth certificate following a re-registration of the birth).

How can you gain Parental Responsibility?

The acquisition of parental responsibility changes based upon your circumstances. There are a number of ways to gain it, but you must first determine which category you fall under. A legal paternity test is normally required for all categories.

Unmarried fathers

• Subsequent marriage to the mother (for births registered in England, Scotland, Wales, the Isle of Man and the Bailiwick of Guernsey).
• Being recorded on the child's birth certificate from 1st December 2003 in England and Wales and from 4th May 2006 in Scotland.
• Being awarded parental responsibility by a court.
• Entering into a court registered Parental Responsibility Agreement with the mother.
• Being named on a Residence Order issued by a court.
• Being appointed a guardian by a court.
• Being a testamentary guardian upon the passing of the mother.

Step-fathers

• Being awarded parental responsibility by a court.
• Entering into a court registered Parental Responsibility Agreement with the mother.
• Being granted a Residence Order by a court.
• Being appointed a guardian by a court.
• Adopting the child.

How parental responsibility is lost

Parental responsibility comes to an end if any of the following happens:

1. The child reaches 18 years of age (16 in Scotland)
2. If it is brought to an end on application to a court by the person having it.
3. With the permission of the court on the application of the child.
4. If another person adopts the child.
5. If an order granting it is terminated by the court.
6. If a person with parental responsibility passes