Parental Responsibility

Who has Parental Responsibility?

A married couple both have responsibility when they have a child together. If the couple then divorce, this Parental Responsibility continues. Therefore, both parents have the right to be involved in any decisions made with regard to the child.

If the parents are not married, mothers automatically have responsibility. Fathers will only have responsibility if:

• His name has been registered and appears on the child’s birth certificate. All births registered after 1 December 2003 in England or Wales (4 May 2006 in Scotland and 15th April 2002 in Northern Ireland) have the father’s name on the birth certificate. If a father wishes to, he can re-register the birth if it took place before 1 December 2003 in England or Wales (4 May 2006 in Scotland and 15th April 2002 in Northern Ireland) to have his name on the birth certificate.
• The father decides to marry the child’s mother.
• He and the child’s mother sign an authorised Parental Responsibility agreement.
• He applies for and receives a Parental Responsibility order from the courts.
• The father applies for and receives a residence order from the courts.
• He becomes the child’s guardian.

Living with the child’s mother for a long period of time does not automatically give the father responsibility. If something were to happen to the mother and the parents were not married, responsibility for the child does not necessarily pass to the father. However, both parents have a legal responsibility to financially support their child regardless of  Parental Responsibility.

Friends, Extended Family, and Grandparents

It is possible for friends or family of a child to have partial Parental Responsibility if they become foster carers for the child. In order to change the child’s name, all those holding Responsibility need to agree with regard to the name change.

Grandparents and stepparents do not have Parental Responsibility, but can obtain it through being appointed as a guardian. This is only the case if one of the child’s parents dies, thus obtaining a residence order from the court. Additionally, adopting a child gives Parental Responsibility.

Importance of Parental Responsibility

If you do not have Parental Responsibility for a child, then you are unable to make decisions on the child’s life. For example, this includes choice of school, forename or surname, religion, or their legal guardian should you pass away or become ill. You may be living with your child and feel you are taking on the financial responsibilities for your child. But this does not automatically give you rights or involvement in decisions made about your child.

For those who are separated, having Responsibility does not give the father the right to live with the child or visit them. However, should the issue of custody of the child reach the courts, then the father will be looked upon more favourable if he has parental responsibility.

Loss of Parental Responsibility

There are several ways in which parental responsibility can be lost.

• In England, Wales, and Northern Ireland, when a child reaches eighteen, Responsibility is lost. The child is then regarded as an adult and able to make their own decisions. However, in Scotland the law differs in that Parental Responsibility is lost at the age of sixteen. The responsibility of giving ‘guidance’ remains until the young person reaches eighteen.
• Parental Responsibility is lost when the child is formally adopted, as the new parents gain Responsibility.
• If the people with Responsibility pass away, this means Responsibility comes to an end.
• The person with Parental Responsibility or the child themselves is able to apply to the courts for the Responsibility to end.
• If a child is subject to a Care Order, then the local authority and the parents have shared responsibility. However, if the child is in care voluntarily, then full responsibility remains with the parents.

Changing a Child’s Name

In order to change your child’s forenames or surname, you must have Parental Responsibility. In instances where both parents have Responsibility, then both must consent to the name change.

However, if the father does not consent to the name change, the mother can apply to the courts for an order to change the child’s name. The courts will make a decision based on what they feel is in the best interests of the child. If an older child is involved, then their viewpoint will be considered and taken into account when making a decision.

With regard to changing a forename or surname, when the person reaches sixteen, regardless of where they reside in the United Kingdom, they can legally change their name.