Parental responsibility is the legal term for the rights and duties involved in bringing up a child, and GOV.UK describes it as covering decisions such as providing a home, protecting and maintaining the child, disciplining them, choosing and managing their education, and consenting to medical treatment. This guide covers England and Wales; Scotland and Northern Ireland have their own family law rules on parental rights.
Who has it automatically
GOV.UK says a birth mother automatically has parental responsibility for her child. A father automatically has it if he was married to, or in a civil partnership with, the mother at the time of the birth, and he keeps it even if the couple later divorces. GOV.UK also says a father who marries or enters a civil partnership with the mother after the birth acquires parental responsibility at that point. An unmarried father does not have parental responsibility automatically, but can acquire it by being registered jointly with the mother as the child’s father on the birth certificate; GOV.UK notes that registering births works differently for same-sex couples.
Step-parents are not automatically included
GOV.UK is explicit that step-parents do not automatically get parental responsibility for a child, even where they are married to, or in a civil partnership with, the child’s parent. A step-parent who wants a formal legal role in decisions about the child has to apply for parental responsibility separately, using the same routes available to a father or second parent who does not have it automatically.
Option one: a parental responsibility agreement
Where the birth mother agrees, an unmarried father or a second female parent can obtain parental responsibility by signing a parental responsibility agreement using form CPRA1; a step-parent uses form CPRA2 instead. GOV.UK explains that the agreement must be signed in front of a court officer at a local family court, and that the applicant needs to bring the child’s birth certificate and photo identification, such as a passport or driving licence. Once witnessed, two copies of the completed agreement are sent to the Principal Registry of the Family Division in London to be recorded. This route has no court fee, because it depends on the other parent’s agreement rather than a contested application.
Option two: applying to the court
Where the birth mother does not agree, or cannot be found, the applicant must ask the court to make an order instead, using form C1, submitted to the local family court. GOV.UK gives the current court fee for this application as £270, with fee reduction or exemption available to applicants on a low income or certain benefits through the Help with Fees scheme. Unlike the agreement route, a contested court application is decided by a judge, who will consider the child’s welfare in deciding whether to grant the order.
Surrogacy and separated parents
GOV.UK notes two further situations that use different routes. Parents having a child through surrogacy need to apply for a parental order rather than a standard parental responsibility application, because a parental order also transfers legal parenthood, not just parental responsibility. Separated parents can also acquire parental responsibility through a child arrangements order, which sets out where a child lives and spends time, and which automatically gives parental responsibility to a father or second parent named in it as someone the child lives with or spends time with, where they did not already have it.
What parental responsibility actually changes
Holding parental responsibility does not, by itself, decide how much time a child spends with each parent; that is dealt with separately through arrangements agreed between parents or, if necessary, a child arrangements order. What it does is give the holder a formal legal say in significant decisions, such as consenting to medical treatment, being consulted about a change of school, and being asked to agree to the child moving abroad. More than one person can hold parental responsibility for the same child at the same time, and holding it does not remove it from anyone who already has it; a mother does not lose her parental responsibility because a father later acquires his.
FAQs
Does an unmarried father automatically have parental responsibility?
No. GOV.UK says an unmarried father can acquire it by being registered jointly with the mother on the birth certificate, or through an agreement or court order.
Do step-parents get parental responsibility just by marrying the child’s parent?
No. GOV.UK is explicit that step-parents do not automatically get parental responsibility, even if married to or in a civil partnership with the child’s parent.
What does it cost to apply for parental responsibility?
A parental responsibility agreement, where the mother consents, has no court fee. A contested court application using form C1 currently costs £270, with help available for those on a low income.
Can more than one person hold parental responsibility at once?
Yes. It can be shared between, for example, both parents and a step-parent who has separately obtained it, without removing it from anyone who already holds it.
Bottom line
In England and Wales, a birth mother and a father married to her at the time of birth automatically hold parental responsibility; an unmarried father, a second female parent without automatic status, and a step-parent do not, and need either a signed agreement with the other parent’s consent or a court order to acquire it. The agreement route is free but depends on consent; the court route costs £270 and is decided on the child’s welfare. This article is general information, not legal advice on a specific family situation; a family solicitor or Cafcass can advise on individual cases.