A Guide to Parental Rights in the UK

May 19

Parental responsibility refers to the legal rights, duties, powers, and authority a parent holds in relation to their child. These responsibilities aren’t automatically the same for everyone: they can depend on the parent's role and whether they were married at the time of the child’s birth. Understanding these differences is crucial when making decisions that affect your child’s wellbeing.

In this article, we’ll break down the legal framework surrounding parental responsibility, explore what it means in everyday terms, and explain how it can be acquired.

If you’re experiencing uncertainty or conflict around co-parenting arrangements, we can offer clear, practical legal advice to help you create a parenting plan that works for everyone involved.

What are Parental Rights and Responsibilities?

All mothers, and most fathers, automatically have what’s called parental responsibility. This means they have the legal rights and duties involved in raising a child.

Parental rights and parental responsibility both involve legal authority over a child’s life, but they differ in scope and duties. Here’s how they compare:

● Parental rights: Give a parent the legal authority to be involved in the child’s life, such as having contact or being consulted on important matters.

● Parental responsibility: Goes beyond rights, including both the authority and the duty to make decisions in the child’s best interests.

If you have parental responsibility, you’re expected to provide a safe, stable home and to support your child’s overall wellbeing. You’ll be responsible for key decisions about their education, healthcare, religious upbringing, and where they will live.

In practical terms, parental responsibility also includes the ability to:

● Decide on the child’s school and education

● Consent to operations or other significant medical treatments

● Access the child’s medical records

● Take the child abroad for holidays or extended stays

● Represent the child in legal proceedings

● Decide on the child’s religion, taking into account all cultural backgrounds, until the child is old enough to make their own choice

These responsibilities begin at birth and continue until the child turns 18, reflecting a parent’s long-term commitment to their child’s care, development, and best interests.

It’s also important to understand that parental responsibility is not the same as day-to-day care. Routine decisions are usually made by the parent or person the child lives with. However, major decisions, such as medical treatment or schooling, should involve everyone who holds parental responsibility to ensure the child’s welfare remains the central focus.

Who Automatically Has Parental Rights?

Parental responsibility is not automatically shared equally by all parents or carers. It depends on your relationship to the child and, in some cases, your legal status.

Mothers automatically have parental responsibility from birth.

Fathers also gain this responsibility if they’re either:

Married to, or in a civil partnership with, the child’s mother at the time of birth. This remains the case even if the couple later separates or divorces.
Named on the child’s birth certificate (in England and Wales, this applies to births registered after 1 December 2003). If they are not listed, they can still apply for parental responsibility through a formal agreement with the mother or by a court order.

For same-sex couples, the process of gaining parental responsibility can vary depending on their legal relationship. Here’s how it works:

Civil partners: Both partners automatically have parental responsibility if they were civil partners at the time of the treatment (e.g., donor insemination or fertility treatment).
Non-civil partners: The second parent can gain parental responsibility by:
Applying for it through a formal agreement with the other parent.
Becoming a civil partner and either jointly registering the birth or making a parental responsibility agreement.

Grandparents, step-parents, and other guardians who do not automatically have parental responsibility can apply for it through a formal agreement or court order. This can allow them to play a more significant role in the child’s life, particularly in blended or non-traditional family setups. For grandparents seeking to maintain or enhance their relationship with grandchildren, this may be a key step in ensuring their involvement in important decisions.

How to Gain Parental Responsibility

To gain parental responsibility, you need to be connected to the child, such as being their father, step-parent, or second female parent. More than two people can have parental responsibility for the same child.

If you don’t automatically have parental responsibility, there are several ways to gain it. Below are the main routes, depending on your circumstances:

Parental Responsibility Agreement

Reaching an agreement with the other parent is the simplest way to gain parental responsibility without going to court. To do this:

You’ll both need to fill out and sign a parental responsibility agreement form at your local family court, where it must be witnessed by a court officer.
Bring your child’s birth certificate and proof of ID.
Use form C(PRA1) if you’re a biological parent, or C(PRA2) if you’re a step-parent.
Forms are available online or from the court.

If you're struggling to reach an agreement, our mediation page can help you explore your options.

Parental Responsibility Order

If an agreement isn’t possible, you can apply to the court for a parental responsibility order. The court will assess whether granting responsibility is in the child’s best interests by considering:

The parent's commitment to the child
The strength of the parent-child relationship
The reasons for the application

To apply, fill in form C1 and send it to your local family court.

Appointing a Guardian

If you have parental responsibility, you can appoint a legal guardian to care for your child after your death. This must be done in writing, either in a will or a signed, dated document. Without a named guardian, the court will decide who should take on the role, and this won’t automatically be a grandparent, sibling, or step-parent.

If you need help with gaining parental responsibility or navigating a court application, we’re here to help. Contact us today for expert guidance and support.

Can a Parent Give Up Their Parental Rights?

Removing parental responsibility is extremely rare and only happens in exceptional cases through a court application. It’s typically reserved for situations where it's in the child's best interests, such as severe neglect or abuse.

A mother can lose parental responsibility only if the child is adopted.

For fathers, the circumstances under which parental responsibility can be removed depend on how it was initially granted. The court will not remove parental responsibility just because a father is absent, separated from the mother, not paying child support, or has committed a crime unless it poses a serious risk to the child.

In most cases, other court orders, like child arrangements or prohibited steps orders, are more appropriate than removing parental responsibility.

If you’re considering this path or want to reduce conflict during separation, we can support you in creating a co-parenting agreement that protects your child’s best interests.

Father’s Day Spotlight: Understanding Your Rights as a Dad

Father’s Day can be a joyful occasion for many, but for separated or estranged fathers, it can also highlight emotional challenges. This day often underscores the importance of maintaining strong, legally supported relationships with children, especially when parents are apart.

Unmarried fathers or those not listed on the birth certificate often face legal obstacles in securing their parental rights. Whether it’s staying involved in key decisions or ensuring contact with your child, it’s crucial to take steps to clarify your legal standing.

If you're facing challenges staying connected with your child, you don’t have to navigate this alone. This Father’s Day, RJS Family Law is here to help you understand your rights and take meaningful steps to build a lasting relationship with your child.

Do I Have Any Responsibilities for My Child Even Though I Do Not Have Parental Responsibility?

If you don’t have parental responsibility, you won’t have the legal authority to make decisions about how your child is raised. In an amicable relationship, you and your partner may still make these choices together, but things can become complicated if you separate.

Without parental responsibility, you're not legally recognised as having a say in important matters like where your child lives, which school they attend, or even decisions about their surname. This can be especially challenging if a dispute ends up in court.

It’s also important to note that parental responsibility and financial support are separate legal matters. Even if you don’t have parental responsibility, you are still required to support your child financially through child maintenance.

Final Thoughts

Knowing where you stand legally as a parent is essential, especially during times of change, like separation or new family arrangements. Parental rights give you a say in your child’s life, while parental responsibility ensures you’re legally recognised when making key decisions about their wellbeing.

Every family situation is different, and the steps to secure or protect your parental rights can vary. That’s why it’s so important to understand your legal position and act early if there’s any uncertainty.

Whether you're navigating separation or concerned about your rights as a parent, RJS Family Law offers compassionate, expert support to guide you every step of the way. Contact us today for personalised advice.

FAQs

Can parental responsibility be shared between more than two people?
Yes, in some cases, parental responsibility can be shared among more than two individuals, such as when step-parents or guardians obtain parental responsibility through agreements or court orders. The law recognises that a child may benefit from the involvement of multiple responsible adults.
What happens to parental responsibility if one parent moves abroad?
Moving abroad doesn't automatically remove parental responsibility. However, significant decisions, like relocating with a child overseas, often require consent from everyone with parental responsibility or permission from the court.
How can a father establish parental responsibility if he wasn’t on the birth certificate?
Fathers who aren't listed on the birth certificate can obtain parental responsibility by re-registering the birth jointly with the mother, signing a Parental Responsibility Agreement, or applying to the court for a Parental Responsibility Order.
Does having parental responsibility mean I have custody of my child?
No, having PR gives you the right to be involved in important decisions about the child’s life, but it doesn’t automatically grant day-to-day care or custody. Custody (or 'residence') is determined separately by agreement or court order.
Can parental responsibility be temporarily suspended?
Parental responsibility itself is not usually suspended. However, court orders can temporarily limit the exercise of parental responsibility if it’s necessary to protect the child's welfare, such as through a Prohibited Steps Order.
What rights do grandparents have if they were primary carers for a child?
Grandparents don’t automatically have parental rights, even if they are primary carers. They may need to apply for a Child Arrangements Order or Special Guardianship Order to formalise their role legally.