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Parental Responsibility
In England and Wales parental responsibility
for a child is defined in the Children Act 1989 as "all the
rights, duties, powers, responsibilities and authority which by
law a parent has in relation to the child and his property".
In Scotland parental responsibility is
defined in the Children (Scotland) Act 1995 as the responsibility:
- to safeguard and promote the child's health, development and welfare,
- to provide direction and guidance,
- to maintain personal relations and direct contact with the child
on a regular basis, and
- to act as the child's legal representative.
Having parental responsibility for a child
enables a parent to make day-to-day decisions in respect of their
child about matters such as education, religion and medical treatment.
Any parent with parental responsibility can also, for example, object
to any change of a child's name.
Who has parental
responsibility?
Parental Responsibility
is something which every mother automatically has. Fathers who are married
to the mother of the child at the time of the child's birth also automatically
acquire Parental Responsibility.
In England, since 1st December 2003, and in
Scotland, since 4th May 2006, unmarried fathers acquire Parental
Responsibility if they are present to register as the child's father
at the Registry Office and their name is put on the child's birth
certificate. However, the law is not retrospective and for all unmarried
fathers whose name is not on their child's birth certificate and
whose child was born before 1st December 2003 or 4th May 2006 it
is still necessary to sign a Parental Responsibility Agreement with
the mother or to apply for a court order for Parental Responsibility.
It is recommended that unmarried fathers acquire
Parental Responsibility. The father will then have virtually the
same rights in bringing up the child as enjoyed by married fathers.
Parental Responsibility Form
This Parental Responsibility form is a legal
document which the mother must sign. It must be witnessed and filed
with the Principal Registry (in England) or registered in the Books
of Council and Session (in Scotland). The document includes instructions
on how to complete it and where it should be registered.
The form is provided in Adobe Acrobat (.pdf)
format and you need to have Adobe Acrobat Reader installed on your
computer to view and print it. Most computers have Acrobat Reader already
installed but if yours doesn't you can easily download and install
the software (it's free) using the link at the bottom of this page.
This document is free.
How to order
Order your free Parental Responsibility Form (in Adobe Acrobat file format):
England and Wales - Parental Responsibility Form
Scotland - Parental Responsibility Form
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