What is Parental Responsibility and how can it be acquired?
15th January, 2026
What does Parental Responsibility mean? In this article, we explain what it is and how it can be acquired.
What is Parental Responsibility?
Parental Responsibility is defined under the Children Act 1989 as: “All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
A person with Parental Responsibility can make important decisions concerning the child. Some examples include:
- Specifying the child’s religion;
- Deciding which school the child should attend;
- Consenting to medical treatment;
- Naming the child/changing the child’s name.
Who does it apply to?
The mother of a child automatically has Parental Responsibility, as does the child’s father if the parents were married at the time the child was born. If unmarried, a father can acquire it in a number of ways:
- By obtaining a Parental Responsibility Order;
- By signing a Parental Responsibility Agreement;
- By marrying the child’s mother;
- By being named in a Child Arrangements Order as the person with whom the child is living;
- By being named on the child’s birth certificate as the father of the child (after the 1st December 2003);
- By adopting the child.
A step parent can also acquire it if they are married to their parent (and their parent has parental responsibility) as follows:
- By obtaining a Parental Responsibility Order;
- By entering into a Parental Responsibility Agreement;
- By being named in a Child Arrangements Order as the person with whom the child is living with or spending time with.
Where a child is born by fertility treatment on or after 6th April 2009, they may have two female parents under the Human Fertilisation and Embryology Act 2008. The woman who gave birth to the child is treated as the mother and acquires parental responsibility in the same way as any other mother. A second female parent is treated in a similar way to a father in that she will have automatic responsibility if at the time of the placing of the embryo or the sperm and eggs or of her artificial insemination, she was in a civil partnership or married to the mother that will give birth to the child.
Can Parental Responsibility be acquired by anybody else?
Yes. A local authority is automatically granted parental responsibility for a child if an Emergency Protection Order or Care Order is made.
A Guardian appointed by the parent of a child will acquire it in the event of their death.
If a child is adopted, responsibility will be acquired by their adoptive parent.
Parental Responsibility Order
No specific guidance is provided under the Children Act to determine the basis upon which an order should be made. However the child’s welfare is paramount and the court has to consider the “no Order principle” i.e. whether the making of an order would be better than no order being made.
Case law has also been helpful. It has established the following considerations when determining the application:
- “Can this [father] show that he is the father to the child, not in the biological sense but in the sense that he has established or is likely to establish such real family tie with the [child] that he should now be accorded the corresponding legal tie… has he behaved, or will he behave with parental responsibility for the child”.
- The degree of commitment which the Applicant had shown towards the child;
- The degree of attachment which existed between them; and
- The reasons for applying for the order.
Can the Court order termination?
There is no provision to discharge a mother’s or father’s (child’s natural parent) parental responsibility under English law if they are married or in a civil partnership. It can only be lost if an adoption order is made.
Parental responsibility acquired by a father who is not married to, or in a civil partnership with the mother, can be discharged by the court.
Parental responsibility acquired by a second female parent can be discharged by the court.
Parental responsibility acquired by a step parent or civil partner of a parent with parental responsibility can be discharged by the court.
However, termination by the court is extremely rare, and will only be done in exceptional circumstances. On considering any such application the court is tasked with balancing the competing interests of the child against those of the parents, with primary importance being attached to the child’s best interests which may override those of the parent.
Our specialist children lawyers have significant expertise in dealing with complex issues involving children. Our focus is always on the child’s welfare, and we place this at the centre of our work. For more information on the issues raised in this article please get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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