Parental Responsibility

FamilyLast reviewed: 1 April 20256 min

Parental responsibility (PR) is the legal term for all the rights, duties, powers, and responsibilities that a parent has in relation to a child and their property. Having parental responsibility gives you a say in major decisions about your child's life — including education, medical treatment, and where they live. Not all parents automatically have it.

Important

This is general guidance only and does not constitute legal advice. Family law is highly fact-specific. Always consult a qualified family law solicitor for advice about your individual circumstances. Legal aid may be available for some family law matters, particularly where domestic abuse is involved.

Key points

All mothers automatically have parental responsibility from birth — this cannot be removed except in very exceptional circumstances.
Married fathers and civil partners automatically acquire parental responsibility at the birth of the child.
Unmarried fathers who are named on the birth certificate acquire parental responsibility automatically — but only if registered after 1 December 2003.
An unmarried father not on the birth certificate can acquire PR by signing a Parental Responsibility Agreement (C(PRA)1) with the mother, or by applying to the court for a Parental Responsibility Order.
Step-parents can acquire parental responsibility by agreement with all PR-holders or by court order — but not automatically on marriage.
Parental responsibility can be shared by multiple people simultaneously — one person having it does not remove another's.

Who Has Parental Responsibility by Default

Parental responsibility is defined by section 3 of the Children Act 1989. The rules on who acquires it automatically are:

Mothers: A child's mother always has parental responsibility from birth, automatically and without exception. It does not matter whether the mother is married, unmarried, a teenager, or has a history of mental illness — the mother always has PR.

Married fathers: A father who is married to the mother at the time of the child's birth acquires parental responsibility automatically. A father who was not married at birth but subsequently marries the mother also acquires PR on marriage.

Civil partners: A civil partner of the birth mother acquires parental responsibility if they were in a civil partnership with the mother at the time of the assisted reproduction, in the same way as a married father. The specific rules for same-sex couples and assisted reproduction are set out in the Human Fertilisation and Embryology Act 2008.

Unmarried fathers registered on the birth certificate from 1 December 2003: An unmarried father who is registered on the child's birth certificate on or after 1 December 2003 acquires parental responsibility automatically on registration. Fathers registered before 1 December 2003 did not automatically acquire PR — they must use one of the routes described below.

It is important to note that parental responsibility is not the same as parental rights. Having PR means you have responsibilities and duties towards the child as well as rights. It also does not automatically determine contact or where the child lives — those are decided separately, either by agreement or by the court.

Acquiring Parental Responsibility: Agreements and Orders

If you do not have parental responsibility automatically, there are two main routes to acquire it:

Parental Responsibility Agreement — Form C(PRA)1: An unmarried father (or second female parent) can enter into a formal written agreement with the mother to share parental responsibility. The agreement is made on court form C(PRA)1, signed by both parents in front of a witness at a solicitor's office or the family court, and then filed at the Principal Registry of the Family Division in London. The agreement takes effect from when it is filed. Once made, it can only be revoked by court order — a parent cannot unilaterally withdraw from it.

Parental Responsibility Order: If the mother (or other PR-holder) refuses to enter into a PR agreement, an unmarried father (or other person) can apply to the family court for a Parental Responsibility Order. The court will consider the degree of commitment the applicant has shown to the child, the degree of attachment between them, and the applicant's reasons for seeking PR. The court will make the order if it is in the child's best interests.

Child Arrangements Order: If the court makes a Child Arrangements Order naming you as a person with whom the child is to live ("lives with" order), you also automatically acquire parental responsibility as part of that order.

Step-Parent Parental Responsibility

Step-parents do not automatically acquire parental responsibility on marriage or civil partnership to the child's parent. However, a step-parent can acquire PR in two ways:

Parental Responsibility Agreement with step-parent: Under section 4A of the Children Act 1989, a step-parent who is married to or in a civil partnership with a child's parent can enter into a PR agreement — but only with the written consent of all existing holders of parental responsibility. If one parent refuses, the agreement route is not available. The agreement is made on court form C(PRA)2.

Court order: A step-parent can apply to the court for a Parental Responsibility Order. The court will again consider the attachment and commitment to the child. The biological parent's opposition will be a relevant factor but is not automatically determinative.

It is important to understand that having PR does not make you a legal parent. Step-parents with PR have rights and responsibilities during the child's minority but do not automatically inherit from the child or have the child inherit from them (without a will) unless they adopt the child. Adoption permanently transfers parental status and severs the legal relationship with the biological parent.

What Parental Responsibility Means in Practice

Parental responsibility gives holders the right and obligation to make decisions about a child's upbringing. This includes:

Education: Choosing and changing the child's school, consenting to school trips, receiving school reports
Medical treatment: Consenting to (or refusing) medical treatment, including operations and vaccinations
Religion: Determining the child's religious upbringing
Name: Changing the child's surname (requires consent of all PR-holders or a court order)
Passport: Applying for a child's passport (though the other PR-holder can object)
Travel abroad: Taking the child outside England and Wales — if a Child Arrangements Order is in place, specific rules apply about notice and consent

Where PR-holders disagree about a major decision, either party can apply to the court for a Specific Issue Order (to decide the question) or a Prohibited Steps Order (to prevent the other party from taking a specific action without court permission). The court's paramount consideration in all such applications is the child's welfare.

Frequently asked questions

Can parental responsibility be taken away?

Parental responsibility can only be removed by a court order. For a mother, this is practically never done. For a father, a court can extinguish PR only in very exceptional circumstances — for example, where a father has been convicted of a serious offence against the child or where the PR is being misused. Having PR does not mean you have the right to contact the child — contact is a separate matter governed by a Child Arrangements Order.

I am not on the birth certificate — do I have parental responsibility?

If you are an unmarried father not on the birth certificate, you do not automatically have parental responsibility. You can acquire it by: (1) entering into a Parental Responsibility Agreement (C(PRA)1) with the mother; (2) applying to the court for a Parental Responsibility Order; or (3) being named on a Child Arrangements Order as a "lives with" parent. You can also apply to re-register the child's birth if you are the biological father and the mother agrees — this would give you PR from the date of re-registration.

Does parental responsibility end at 18?

Yes. Parental responsibility ends automatically when the child reaches 18 (the age of majority in England and Wales). It also ends if the child is adopted by someone else (parental responsibility transfers to the adoptive parents), or if the court makes an order ending a specific PR agreement or order before the child turns 18.

My child's father wants parental responsibility but is not involved — can I stop him?

You can decline to enter into a PR agreement, which means the father would have to apply to the court. The court will consider the father's relationship with and commitment to the child, the quality of attachment, and the reasons for seeking PR. The fact that a father is not in a relationship with the mother is not, by itself, a reason to refuse PR. The court will focus on the child's welfare. Many courts take the view that it is generally in a child's interests for their father to have PR even if contact is limited.

Can a grandparent have parental responsibility?

Grandparents do not automatically have parental responsibility. A grandparent can acquire PR if the court makes a Child Arrangements Order naming them as a "lives with" person, or if they are appointed as a special guardian (which gives PR similar in scope to adoption, but without severing the relationship with the birth parents). Grandparents need the court's permission to make most applications relating to their grandchildren, unless they have already had the child living with them for at least one year.

What to do next

1
Download Form C(PRA)1 — Parental Responsibility Agreement
The court form for making a parental responsibility agreement.
2
Apply for a Parental Responsibility Order
GOV.UK guidance on applying to court for parental responsibility.
3
Child Arrangements Orders
How the family court decides where a child lives and contact with each parent.
4
Get free family law advice from Citizens Advice
Free guidance on parental responsibility and children's rights.

Official bodies and resources

Citizens Advice

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.