What is Parental Responsibility?
Parental responsibility is ‘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.’
Legal Status
The child’s mother automatically receives parental responsibility which can be removed by an adoption order or a parental order following surrogacy.
A married couple both have parental responsibility at the birth of the child. However, this is not the case with cohabitating couples as the father will need to receive parental responsibility which can be done through a number of ways:
- Registering the birth jointly with the mother
- Marrying the child’s mother
- Completing a Parental Responsibility Agreement between the father and the child’s mother which will need to be registered with the court
- Obtaining a court order for parental responsibility
Rights
Parents who hold this responsibility obtain a range of rights and duties to ensure the child is protected, financially supported and to make important decisions for them. These decisions can include naming the child, looking after the child’s property and choosing/providing for the child’s education. However, issues can arise where a party who holds parental responsibility but doesn’t reside with the child needs to be consulted when making these decisions. Parental responsibility promotes a duty to consult. There does not have to be agreement and if a resolution cannot be reached the court can make a decision.
Surrogacy
Surrogacy is a unique situation. Parental responsibility under the surrogacy route is varied as the surrogate mother is the child’s legal mother at birth. The intended parents require a parental order from the Court. which allows for parental responsibility and legal parenthood on the intended parents.
Termination of Parental Responsibility
In the UK, parental responsibility typically ends when the child turns 18 years old. However, it can cease earlier under certain conditions:
- An adoption order trumps the birth parents responsibilities
- A parental order is granted in the case of surrogacy
- The person with parental responsibility passes away
The Court also has the authority to restrict a person’s responsibility by issuing an order that limits their rights without completely terminating the parental responsibility.
Child Service Solicitors in Surrey
If you have any queries about parental responsibility or the associated legal matters, don’t hesitate to reach out to our approachable Child Services Solicitors. They would be more than happy to provide you with any assistance you need.
