If you and your partner separate you may want to know where you stand legally in relation to your children.
The Children Act 1989 defines PR as ‘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.’ These are the rights and responsibilities that each parent has in relation to a child and includes making decisions about matters such as medical treatment, education, religious upbringing and your child’s name.
A mother automatically has Parental Responsibility (PR) for their child.
The position for fathers is slightly more complicated.
A married father of a child automatically has PR if he was married to the child’s mother at the time of the birth.
If the unmarried father is registered on the birth certificate after 1 December 2003 then he will have PR.
If a father is not married to the mother and is not named on the birth certificate then he will not have parental responsibility.
If you want to acquire PR for a child the following options are available:
- Enter into a parental responsibility agreement with the mother
- Apply to the court for a parental responsibility order
- Register the birth with the mother
As a step-parent you may also wish to acquire parental responsibility and again you can do this by entering into a parental responsibility agreement or applying to the Court. The process is more complex.
For same sex couples, if you are in a same sex relationship with the mother and were married or in a civil partnership at the time the child was conceived through artificial insemination you will automatically have PR. If you have adopted your child or used a surrogate, you will need to be named in the Adoption Order or Parental Order to have PR.
If you want to discuss your situation with one of our solicitors then please call 01632 960214 and arrange a fixed fee appointment.