Bringing up a child involves making decisions that shape their health, education and general welfare. In England and Wales, a concept called parental responsibility sets out who has the legal authority to make those decisions. But not every parent automatically has the same legal rights – especially if the family structure is complex or if parents are no longer together.
This guide explains how parental rights work, who can have them and what happens if there’s a dispute or safeguarding concern.
What Parental Responsibility Means
Parental responsibility is a legal term used to describe the rights and obligations an adult has towards a child. It covers everything from day-to-day care to major decisions like choosing a school, consenting to medical treatment, determining religious upbringing and applying for a passport.
Birth mothers automatically have parental responsibility. Fathers also have it if they were married to the mother at the time of birth or are named on the child’s birth certificate.
If a parent does not have parental responsibility, they may be excluded from decisions about the child’s upbringing and could face difficulties accessing records or participating in school and healthcare matters. In some cases, it may even limit their ability to collect the child from school or authorise medical treatment.
How Unmarried Fathers Can Gain Rights
Unmarried fathers not named on the birth certificate do not automatically have parental responsibility. They can obtain it by:
- Re-registering the birth with the mother’s consent.
- Signing a parental responsibility agreement with the mother.
- Applying to the court for a Parental Responsibility Order.
This does not give control over daily care but does grant a legal right to be involved in long-term decisions about education, health and religion. Fathers without parental responsibility may find their views overlooked in disputes. Legal advice can clarify what action is needed and how best to demonstrate their involvement.
Step-Parents and Other Carers
Step-parents and others with a parenting role may also gain parental responsibility. This applies to:
- Step-parents married to or in a civil partnership with a legal parent.
- Grandparents or relatives with long-term caregiving duties.
- Intended parents through adoption or surrogacy.
This usually involves getting permission from the child’s parents or applying to the court. Without legal parental responsibility, they may find it hard to do things like speak to the school, take the child to the doctor or travel abroad with them. In blended families where more than two adults are involved, this can lead to confusion or disagreements.
There’s no legal limit to how many people can share parental responsibility. It’s possible for three or more adults to have it at the same time, but they all need to agree on big decisions – which can be tricky if people aren’t getting along.
What Happens During Separation or Divorce
When parents separate, the law doesn’t automatically favour the mother or the father. Decisions are based on what’s best for the child, including their needs, their bond with each parent and sometimes their own wishes.
Parents are encouraged to agree arrangements themselves, such as where the child will live and how often they’ll see the other parent. If that isn’t possible, either parent can ask the court for a Child Arrangements Order. This can cover:
- Where the child lives.
- When they see the other parent.How things like holidays or handovers are managed.
If there are safety concerns, the court might order supervised visits or set specific rules to protect the child. A service called CAFCASS (Children and Family Court Advisory and Support Service) may get involved – their officers talk to the child and both parents, then advise the court on what arrangements would work best. The child’s welfare is always the top priority.
Can Parental Responsibility Be Limited?
The law encourages safe, cooperative parenting, but if a parent puts a child at risk, the court can step in. This might mean:
- Visits are supervised or limited.
- Disagreements about school, health or religion are settled through a Specific Issue Order.
- A Prohibited Steps Order is made to stop actions like taking the child abroad.
In serious cases – such as those involving abuse or neglect – the court can remove parental responsibility altogether. Social services may also apply for care or supervision orders if there are child protection concerns.
Losing parental responsibility is rare, but it can happen if the court decides it’s not safe for the parent to stay involved. If this becomes a possibility, getting legal advice straight away is essential.
Same-Sex Families and Surrogacy
Same-sex couples can both have parental responsibility, depending on how the child was conceived or adopted. For example, if the child was conceived during a civil partnership or marriage, both partners usually have parental responsibility, but if not, the non-birth parent may need to adopt the child or apply to the court. In surrogacy, a Parental Responsibility Order is needed after birth to transfer responsibility from the surrogate.
Without formal legal recognition, a non-birth parent may not be able to make decisions or access school or medical records – even if they’re the main caregiver. Getting advice early can help secure both parents’ rights and avoid future issues.
Accessing Information About Your Child
If you have parental responsibility, you have the right to be kept informed about your child – this includes school reports, medical care and general updates.
However, being informed isn’t the same as having the final say – especially if a Child Arrangements Order gives day-to-day responsibility to the other parent. If you’re being left out of important decisions or not getting updates, you might need to ask the court for help to enforce your rights.
Why Legal Advice Matters
Parental rights affect how families make decisions, resolve conflict and support children after separation. Misunderstandings around who has legal authority can cause stress or delay at key moments in a child’s life.
If you’re unsure about your rights – or facing a dispute over contact, decision-making or parental recognition – it can help to speak to experienced family law solicitors. A solicitor can explain your options clearly, help you apply for the right legal orders and work with you to protect your relationship with your child.
