Who Has Parental Responsibility?

A mother automatically has parental responsibility for her child from birth.

A father only has parental responsibility if he’s:

  • married to the child’s mother
  • listed on the birth certificate (after a certain date, this depends on which part of the UK the child was born in)

You can apply for parental responsibility if you don’t meet the requirements already.

Births registered in England and Wales

If the parents of a child are married when the child is born, or if they’ve jointly adopted a child, then both have parental responsibility.

In the case of a divorce both parents still have responsibility over the child.

Unmarried parents

An unmarried father can only get legal responsibility for his child in 1 of 3 ways:

  • jointly registering the birth of the child with the mother (from 1 December 2003)
  • getting a parental responsibility agreement with the mother
  • getting a parental responsibility order from a court

If you would like more information or advice, please call us on 01582 249 249/ 07459 416667 or email Amjid@willtrustandprotect.co.uk

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