With Father’s Day celebrations taking place last weekend it is an important time to highlight parental responsibility with a view to who has it, who can apply for it and the legal difference to a declaration of parentage.
Declaration of parentage
A declaration of parentage (or non-parentage) is the ability of the courts to make a declaration as to whether or not a person named in the application is a parent of another. This refers to the legal parenthood of the child but is distinct from parent responsibility in that not every legal parent will have parental responsibility, and not everyone with parental responsibility will be a legal parent. Declarations of parentage do not automatically grant parental responsibility.
Legal parenthood has implications on laws involving nationality, inheritance, financial rights, and responsibilities towards the child.
Parental responsibility (PR)
My colleague in our Family team, Louise Barretto, recently provided insight into what parental responsibility means, and this is discussed in her blog – What does parental responsibility actually mean?
In summary, parental responsibility refers to all the rights, duties, responsibilities, and authorities that a parent has in relation to a child and their property.
It is defined under Section 3(1) of the Children Act 1989 and practically looks at decisions of where the child lives, educational choices, medical treatments, and day to day welfare decisions.
More than two people can have parental responsibility over the same child.
Who has parental responsibility
- You automatically have parental responsibility if you give birth to the child (the birth mother).
- You will usually have automatic parental responsibility if you’re married to or in a civil partnership with the birth mother when the child is born.
- The child’s biological father will automatically get parental responsibility if they marry or enter a civil partnership with the child’s birth mother after the child is born or if they are named on the birth certificate.
If you have not married or formed a civil partnership with the birth mother
- You can get parental responsibility for your child by jointly registering the birth with the mother.
All births in England, Wales and Northern Ireland must be registered within 42 days of the child being born. There are different rules for registering a birth for same-sex couples, and different rules for same-sex female and same-sex male couples.
If you don’t have parental responsibility as a biological father and want to obtain it, you can enter into a Parental Responsibility Agreement with the mother to obtain it, if she consents, or if not, apply to the court for a Parental Responsibility Order. The court will then decide whether you should be given parental responsibility.
How to register the birth of a child.
Non-biological parents
- A step-parent, and in some circumstances, a second female parent can also acquire parental responsibility by entering into a Parental Responsibility Agreement. This is a formal, legal document to be signed by both parties, and requires the parties to be married or in a civil partnership with the other. This also requires all parents who have parental responsibility to consent to this.
- If an agreement cannot be reached, , the non-biological parent can apply to the family court for a Parental Responsibility Order. This will be subject to an evaluation of the applicant’s role, relationship and level of commitment to the child.
Grandparents and Kinship carers can apply for a child arrangements order or a special guardianship order if a child is living with them long term. An order stating that a child lives with an individual will give that person parental responsibility throughout the duration of the order.
The Local Authority will also acquire parental responsibility if a child is made the subject of a care order.
How can Moore Barlow assist you?
We understand parental responsibility and a declaration of parentage can be convoluted processes to both obtain and establish, particularly where there are disputes around a child and decisions to be made for them. Located across London, Surrey and Southampton our team of experienced Family lawyers at Moore Barlow are here to support our clients and guide you through these processes.
