Parental responsibility

Meaning and scope of parental responsibility

Parental responsibility is defined in section 3(1) of the Children Act 1989 (ChA 1989) as all the rights, duties, powers and responsibilities and authority that, by law, a parent of a child has in relation to the child and their property.

Parental responsibility is commonly accepted to include, but is not limited to:

1. •

   the right and duty to care for the child and provide a home

2. •

   to determine where the child should live

3. •

   to ensure that if the child is of compulsory school age, they receive appropriate education

4. •

   to appoint a guardian

5. •

   to consent to medical treatment or obtain appropriate treatment for the child

6. •

   to name the child

7. •

   to remove the child from the jurisdiction

See Practice Note: The meaning and scope of parental responsibility and Precedent: Parental responsibility—client guide.

The position at birth

Parental responsibility will be acquired automatically by:

1. •

   a child's father and mother who were married to each other, or from 2 December 2019 civil partners of each other at the time of the child’s birth

2. •

   a