Work out if you have parental responsibility

Summary

Parental responsibility is how the law describes the responsibilities and rights that go with being a parent. If you have parental responsibility for a child, you must care for and protect that child and the law entitles you to be involved in making decisions about them. This information applies to England and Wales. Not all parents are treated the same and not all parents have ‘parental responsibility’. If you are a birth mother you immediately and automatically have parental responsibility when you give birth to your child. If you are named on the birth certificate as their dad, you automatically have parental responsibility. If you are not named on the birth certificate then you don’t have parental responsibility. But as the biological father, you can get it by: * marrying your child's biological mother, or * re-registering your child’s birth to add your details naming you as the dad as long as no other man has already been named on the certificate and if the mother agrees, or * making a parental responsibility agreement with your child's mum, or * applying successfully for a parental responsibility order (if your child's mum will not agree to any of the above), or * being.

Key information

• •marrying your child's biological mother, or
• •re-registering your child’s birth to add your details naming you as the dad as long as no other man has already been named on the certificate and if the mother agrees, or
• •making a parental responsibility agreement with your child's mum, or
• •applying successfully for a parental responsibility order (if your child's mum will not agree to any of the above), or
• •being appointed the child's guardian if the mother dies, although this would not give you PR while she was alive or there was someone else with PR, or,
• •getting a child arrangements order that says your child will live with you. In these circumstances the court must make a separate parental responsibility order which can only be ended by another court order. (The situation is different if you get a child arrangements order that just says your child will spend time with you and not that your child will live with you. In these circumstances the court may make a parental responsibility order but it doesn’t have to.)
• •your partner had a child through a fertility clinic in the UK, licensed by the Human Fertilisation and Embryology Authority, and
• •you and the child’s mother both agreed to you being treated as a parent before conception took place, and
• •your partner’s child was conceived on or after 6th April 2009.
• •making a parental responsibility agreement with the parent or parents who already have parental responsibility, or
• •applying to the court for a parental responsibility order.
• •to adopt your partner’s children, which would have the effect of their other parent ceasing to be a parent, and so may be strongly opposed, or,

Practical guidance

• •Source: [Work out if you have parental responsibility](https://www.advicenow.org.uk/get-help/family-and-children/parental-responsibility/work-out-if-you-have-parental-responsibility)

Related topics