Parental responsibility: who has it and how an unmarried father gets it

Parental responsibility decides who can make important decisions about a child. The law (Children Act 1989) sets out clearly who has it.

Who has it automatically

Under section 2: if the parents were married (or civil partners) at the birth, both have parental responsibility. If they were not married, the mother has it automatically. More than one person can hold it at once, and each can act alone (except where the law requires more than one person's consent).

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How an unmarried father gets it

Under section 4, an unmarried father acquires parental responsibility if: he is named as the father on the birth certificate (this gives it from 1 December 2003); or he makes a parental responsibility agreement with the mother in the prescribed form; or he gets a court order. A step-parent can also acquire it — by agreement or court order.

Note: parental responsibility does not disappear because the parents separate; it can be removed only by a court order.