BLB Solicitors
  • +01225 755656
  • enquiries@blbsolicitors.co.uk
BLB Solicitors
  • +01225 755656
  • enquiries@blbsolicitors.co.uk
  • Home
  • Services for You
    • Conveyancing Solicitors
    • Leasehold Solicitors
    • Property Dispute Solicitors
    • Divorce, Family Law and Mediation
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Equity Release Solicitors
    • Retirement Property Conveyancing
    • Personal Injury Compensation
    • Medical Negligence Solicitors
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Corporate & Commercial Legal Advice
    • Estate Management Solicitors
  • BLB Solicitors Locations
    • Almondsbury Solicitors
    • Bath Solicitors
    • Bristol Solicitors
    • Bradford on Avon Solicitors
    • Swindon Solicitors
    • Trowbridge Solicitors
  • About Us
    • Our Team
    • Working for BLB
    • BLB Solicitors – How we work
    • Making Payments to BLB Solicitors
    • Instructing BLB Solicitors
    • Terms of Business
    • Complaints Policy
    • Interest Policy
  • Blog
  • Contact Us

Home » Who has parental responsibility for a child?

Divorce and Family Law
Parent holding child's hand
Dec 12th, 2023

At BLB Solicitors, our goal is simple – to deliver you clear, practical legal advice and cost-effective solutions. We hope you enjoy exploring our Blog. If you can’t find what you’re looking for, please do contact us.

Who has parental responsibility for a child?

Lucy JonesThere is often confusion about who, legally, has parental responsibility for a child. Senior family lawyer Lucy Jones explains what the law says.

For further information, contact our team on 01793 615011 or complete the Contact Form below.

What is parental responsibility?

The Children Act 1989 defines parental responsibility as “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“.

So, from a practical point of view, having parental responsibility means having the right to make important decisions regarding a child’s welfare and upbringing. That includes (but is not limited to):

  • registering or changing their name.
  • consenting to medical treatment and accessing their medical records.
  • where they should go to school.
  • determining their religion, if any.
  • consenting to somebody taking the child abroad.
  • representing the child in legal proceedings.
  • appointing a guardian in the event of both parents with parental responsibility dying.

Who has parental responsibility?

In England and Wales, a mother automatically has parental responsibility.

A father married to or in a civil partnership with the mother at the child’s birth automatically has parental responsibility. This right is retained if the parents subsequently divorce or on the dissolution of their civil partnership.

Also, since 1 December 2003, a father not married to or in a civil partnership with the mother at the time of the child’s birth but registered on the birth certificate also has parental responsibility.

An unmarried father who does not appear on the birth certificate acquires parental responsibility if he:

  • subsequently marries or enters a civil partnership with the child’s mother.
  • has his name registered on the birth certificate.
  • enters into a Parental Responsibility Agreement with the child’s mother.
  • obtains a Parental Responsibility Order from the court.
  • obtained a Residence Order from the court before 22 April 2014.
  • is named as the resident parent under a Child Arrangements Order.

Adopted parents have parental responsibility from the date of the Adoption Order. An Adoption Order also removes parental responsibility from the birth mother and anyone else who previously had it.

A second female parent married to or in a civil partnership with the birth mother at the time of conception has parental responsibility unless:

  • conception was the result of sexual intercourse; or
  • they did not consent to the birth mother conceiving.

Who can apply to the court for a Parental Responsibility Order?

A person without parental responsibility can apply to the court for a Parental Responsibility Order if they are the child’s:

  • father and do not otherwise qualify.
  • step-parent.
  • second female parent and do not otherwise qualify.

It’s permissible for more than two people to have parental responsibility for a child.

Can a grandparent acquire parental responsibility?

Grandparents acquire parental responsibility for a grandchild on the making of a Child Arrangement Order in their favour.

Can I delegate parental responsibility?

Although it’s permissible to delegate certain aspects of the responsibility of looking after a child to a partner, relative, friend, teacher, or childminder, the person with parental responsibility ultimately must ensure that proper arrangements are made for the child.

A child’s temporary carers do not have parental responsibility. However, they may nevertheless do what is reasonable in all the circumstances to safeguard the child or promote their welfare.

Lucy Jones
Request a Call Back

Recent Articles

  • Grey divorce: divorcing at 50+
  • What is a Petnup and do I need one?
  • Will a judge go against a CAFCASS report?
  • Separated parents’ holiday rights
  • Postnuptial Agreement: when should we get one?

Newsletter Sign-up

* indicates required

Share this article

You may also like...
  • Mar 10th, 2025
    Will my spouse get half of everything if they cheated on me?
    Read Article
  • Apr 17th, 2025
    Separated parents’ holiday rights
    Read Article
View All Related Articles
Get in-touch today
Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol Solicitors

    0117 905 5308
  • Bath Solicitors

    01225 462871
  • Bradford on Avon Solicitors

    01225 866541
  • Swindon Solicitors

    01793 615011
  • Trowbridge Solicitors

    01225 755656
  • Almondsbury Solicitors

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2025 BLB Solicitors | Terms | Privacy | Legal