What is Parental Responsibility and who has it?

Parental responsibility is a legal term which is usually defined as 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child'

There are two types of Parental responsibility. Sole Parental Responsibility means that just one person has legal responsibility for the child, or Joint Parental Responsibility, which means that legal responsibility for the child is shared by two or more people. The type of parental responsibility held depends mainly upon whether the parents have ever been married, and where and when the child’s birth was registered.

Please read the information below to see what type of parental responsibility you have, then return to the FAQ’s and read ‘Changing the name of a child aged 15 or younger’.

So who has parental responsibility?

Mother
The mother has parental responsibility for her child from the time the child is born. Please read the section below to see if the father shares joint parental responsibility.

Father
Married Fathers: A father shares joint parental responsibility for his child if he was married to the mother at the time of the birth (or at the time of conception in Scotland), or has married the mother at some time since the birth.

A father does not lose his parental responsibility for the child if he and the mother divorce, separate or remarry.

Unmarried fathers: If the father was not married to the mother at the time of the birth (or at the time of conception in Scotland) and he has not married the mother at any time since, he may still share joint parental responsibility rights depending on where and when the child’s birth was registered, and whether or not his name was included on the child’s birth certificate, so please read below.

Unmarried Father - child's birth registered in England or Wales…
If the child’s birth was registered on or after 1st December 2003 and the father’s name is shown on the birth certificate, then he does share joint parental responsibility for the child.

If the child’s birth was registered before 1st December 2003 the father does not share parental responsibility even if his name is on the birth certificate. He would only acquire joint parental responsibility through marriage to the mother, by signing a Parental Responsibility Agreement with the mother, or by an order of the court.

Unmarried father - child's birth registered in Scotland…
If the child’s birth was registered on or after 4th May 2006 and the father was present to register his name on the child’s birth certificate, then he does share joint parental responsibility for the child.

If the child’s birth was registered before 4th May 2006 the father does not have joint parental responsibility even if his name is shown on the birth certificate. He can acquire joint parental responsibility if he signs a Parental Responsibility Agreement with the mother or by an order of the court.

Unmarried father - child's birth registered in Northern Ireland…
For births registered on or after 15th April 2002 the father has joint parental responsibility if he accompanied the mother to register the birth and was named on the birth certificate as the father.

Please note: If the father does not have joint parental responsibility rights but he does have regular and frequent contact with the child, you may consider obtaining his consent to the child's change of name in order to avoid any conflict. There have been a small number of cases where a father has been able to obtain a court order to reverse his child's change of surname. In these cases there was a good relationship between the father and the child. If there is no such contact between father and child, a father without parental responsibility rights is less likely to be successful if he challenged the change of name. However, if you feel a challenge is possible you could consider applying to the courts for permission to change your child’s name without the father’s agreement.

Step-fathers
A step-father can acquire parental responsibility by order of the court (England or Wales), or the court can award him a Custody or Residence Order or make him a legal guardian. He also acquires parental responsibility if he adopts the child or signs a Parental Responsibility Agreement with the mother.

If the child’s natural father has parental responsibility, the step-father’s acquisition of parental responsibility is in addition to the natural father, not instead of.

People other than parents
Any adult who obtains a Residence Order determining where a child will live or any adult who is appointed as a child’s guardian will have parental responsibility rights, usually shared with one or both parents.

The Local Authority
The local authority will share parental responsibility for a child whenever a Care Order, Interim Care Order or Emergency Protection Order is in place

To apply for your child’s change of name by Deed Poll please click here

See also...

• Changing the name of a child aged 15 or younger
• What if I can’t obtain consent to my child’s change of name?
• What is Parental Responsibility and who has it?
• Changing the name of a 16 or 17 year old
• How do I change a baby's name?
• Example letters of consent
• How do I contact The Name Change Company about changing my child's name?

 

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