What Is Parental Responsibility and How Do You Get It?
06 March 2025
Written by Adanna Ezechukwu
Parental responsibility is more than just a legal term - it’s the key to making important decisions about your child’s life, from schooling and healthcare to everyday care and welfare. Whether you are a biological parent, a step-parent, or someone seeking to secure your role in your child’s life, understanding and obtaining parental responsibility is essential.
What is Parental Responsibility?
Parental responsibility includes the right to make decisions about a child’s upbringing. It covers decision about:
Education and healthcare: choosing schools, consenting to medical treatment and managing everyday needs.
Welfare: making decisions about your child’s upbringing, including where they live
Legal matters: representing your child in legal decisions and actions affecting their life.
In essence, if you have parental responsibility, you have a ay in the big and small decisions that impact your child’s future.
Who Automatically Has Parental Responsibility?
Certain situations grant parental responsibility automatically
Biological Mothers: Always have parental responsibility
Married Fathers: If the parents were married at the time of the child’s birth
Fathers on the birth certificate: In England and Wales, if the father is named on the birth certificate (for births registered after a certain date)
Adoptive parents: Adoptive parents usually receive full parental responsibility once the adoption is final
Special Guardians: Special Guardians receive parental responsibility.
If I don’t have Parental Responsibility, How Can I Get It?
Voluntary agreement: The child’s parents can agree on sharing parental responsibility. This is common kin separated or divorced couples who still want to work together. However, many choose to have it legally documented to avoid future disputes.
Parental Responsibility Order: If you can’t agree or if you’re not the biological parent, you may apply to the court. The court will assess the best interests of the child, confirm you are the biological parent of the child and decide whether to grant you parental responsibility. Even if you are not automatically recognised, you can apply for a court order to secure your role in your child’s life.
Adoption order or Special Guardianship Order: When you legally adopt a child or become a Special Guardian of a child you automatically gain parental responsibility.
Why Is It So Important?
Without parental responsibility you may find yourself unable to
make decisions for your child in emergencies
consent to medical or eduational needs
participate in legal proceedings that affect your child
Having clear legal rights not only protects you as a parent but, most importantly safeguards the wellbeing and future of your child.
Want To Have a Confidential Talk?
If you are unsure about parental responsibility, speaking to someone can provide clarity and peace of mind. Whether you are trying to reach an agreement with your ex, considering mediation or thinking about applying for an order, understanding your rights and legal process is crucial. Book a consultation today to get the guidance you need.
You can also visit our ‘Services’ Page to find out more information about the services we offer. Visit: http://www.accesslawgroup.co.uk/services to learn more about how we can support you.
Note: This post is for informational purposes only and does not constitute as legal advice. The contents of this post accurately reflect the law at the time it was written.