Parental responsibility: who has it, and how to get it

What parental responsibility means

In law, parental responsibility means all the rights, duties, powers, responsibilities and authority a parent has in relation to a child and their property^[1]. Cafcass describes it as being responsible for the child's care and wellbeing and being expected to make important decisions about their life^[9].

GOV.UK says the most important roles are to provide a home for the child and to protect and maintain them; it also covers discipline, choosing and providing for their education, agreeing to medical treatment, naming the child and agreeing to a change of name, and looking after their property^[10]. A person with parental responsibility is entitled to information about the child, including about their health and education^[11].

It is not the same as paying for a child: every parent must support their child financially, whether or not they have parental responsibility^[10][1]. And it is not the same as time with the child, which is covered by child arrangements^[12].

The parental responsibility agreement

A parental responsibility agreement gives parental responsibility without going to court, if the people who already have it agree^[3][16]. There are three forms^[5][16][15]:

• Form C(PRA1): between the mother and the father^[5];
• Form C(PRA2): between the parent or parents with parental responsibility and a step-parent who is their spouse or civil partner; both living parents with parental responsibility must agree^[16];
• Form C(PRA3): between the mother and a second female parent^[15].

What you can decide, and what needs agreement

Each person with parental responsibility may act alone, unless a law requires everyone's consent^[14]. Routine decisions do not always need the other parent's agreement, but for a major decision, such as moving abroad with the children, everyone with parental responsibility must agree in writing^[12]. Some examples^[25][26][27]:

• School: all parents can get information such as school reports, and schools must treat parents equally unless a court order says otherwise^[28].
• Medical treatment: doctors legally need only one person with parental responsibility to consent, but if another disagrees they will usually try to reach agreement, and the court can decide^[26].
• Passports and travel: a parent with parental responsibility can sign or object to a passport application, and their consent is needed to take the child out of the country^[25][29].
• Changing the child's name: you need the agreement of everyone with parental responsibility or a court order^[27].

Parental responsibility never lets you act against a court order about the child^[13]. If you cannot agree on a specific issue, you can ask the court for a specific issue order or a prohibited steps order^[12].

Can parental responsibility be removed?

Rarely. Parental responsibility a father gets by registration, agreement or court order ends only if a court orders it, and that is not possible where he got it by marrying the mother^[33]. A step-parent's parental responsibility can likewise be ended only by court order^[16].

A birth mother's parental responsibility ends only on adoption or a parental order after surrogacy^[11]. No one can hand over or transfer their parental responsibility, though they can arrange for others to carry out some of it on their behalf^[13].