Parental responsibility

The Children Act alters the emphasis for parents from parental rights to parental responsibility, which includes rights, duties, responsibilities and authority a parent has with respect to a child.

A mother automatically has parental responsibilty.

A father gains parental responsiblity:

• by being married to the mother, before or after the birth of the child
• by formal agreement with the mother
• by application in a parental responsibility order
• by gaining a residence order or appointment as a guardian
• also from December 2003, an unmarried father may also gain parental responsibility if both parents register the birth of their child (1)

Others can gain parental responsibilty:

• by gaining a residence order or appointment as a guardian
• by adoption

Once granted, parental resposibility can only be removed by a court:

• by application from another person with parental responsibilty
• by application by the child

Reference:

1. PRLEAF1 - PPSPG/1003/8753