Parental Responsibility Agreement UK

Having parental responsibility for a child means that you are entitled to a say in important decisions relating to their upbringing. In many cases, the child’s parents share parental responsibility. However, this is not always the case, particularly if the parents are unmarried. If you do not automatically have parental responsibility for your child, or if you wish to acquire parental responsibility for a child that is not yours, one way to do so is by entering into a Parental Responsibility Agreement UK.

At Birch & Co, our team of expert family law solicitors specialise in all aspects of family law and practice, including Parental Responsibility Agreements. We offer pragmatic legal advice in plain English combined with exceptional client care and a friendly, compassionate approach.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What Is Parental Responsibility?

Parental responsibility gives someone the legal right to be involved in major decisions about a child’s life, including:

Choosing and consenting to medical treatment
Deciding where the child lives
Choosing the child’s school and education
Determining religious upbringing
Deciding on the child’s name or any change of name
Taking the child abroad.

It is important to note that parental responsibility does not entitle a parent to act unilaterally or against the best interests of the child. Parents who share parental responsibility are expected to consult each other and reach an agreement on significant issues.

Who Automatically Has Parental Responsibility For A Child?

Many of our clients are surprised to learn that being a child’s biological parent does not always mean that they have automatic parental responsibility for that child. The legal rules governing who has parental responsibility are as follows:

A child’s birth mother always automatically has parental responsibility. This is the case even if she acted as a surrogate
A child’s father automatically has parental responsibility if he was married to the mother at the time of the child’s birth
Unmarried fathers will only have parental responsibility if he is named on the child’s birth certificate

Step-parents, grandparents, or others closely involved in the child’s life do not automatically have parental responsibility.

How Can You Acquire Parental Responsibility For A Child?

If you do not automatically have parental responsibility for a child, you can gain it in a number of ways, which include the following:

Entering into a Parental Responsibility Agreement UK
Applying to the court for a Parental Responsibility Order
Being named in a Child Arrangements Order as a person with whom the child lives

What Is A Parental Responsibility Agreement UK?

A Parental Responsibility Agreement is a formal, legal document made between the child’s birth mother and the person seeking parental responsibility, such as an unmarried father or step-parent.

The agreement allows both parties to confirm, in writing, their agreement to parental responsibility for the child being shared between them. Once the parties have properly signed and registered the Parental Responsibility Agreement in the UK, it has the same legal effect as if the court had made an order granting parental responsibility.

Is A Parental Responsibility Agreement UK Appropriate In My Case?

If you are the father of a child and wish to gain parental responsibility for them, entering into a Parental Responsibility Agreement with the mother has many distinct advantages. They include the following:

A Parental Responsibility Agreement gives you equal rights to the mother in relation to important decisions regarding your child’s upbringing
A Parental Responsibility Agreement gives your child stability and allows them to benefit from both their parents having a say in their upbringing
Entering into a Parental Responsibility Agreement is far quicker, cheaper, and easier than applying for parental responsibility through the courts.

However, Parental Responsibility Agreements are voluntary and rely on the child’s mother being amenable to sharing parental responsibility with the person seeking the agreement. If she is not, it may be necessary to apply to the court for a Parental Responsibility Order stating that the applicant shares parental responsibility for the child and is legally entitled to a say in how they are brought up.

If you are in need of advice on how to gain parental responsibility for a child and whether a Parental Responsibility Agreement UK is appropriate in your case, speak to us. Our specialist family law solicitors will take the time to get to know you and understand your situation before advising you on your options and helping you to decide which is best in your situation. We will ensure that your rights and the best interests of your child are protected at every stage, and work hard to achieve a fair outcome.