4. Leadership & Management

Safeguarding Briefing Paper Parental Responsibility

Who has parental responsibility?

The Children Act 1989 introduced the concept of parental responsibility which confers upon a person’s certain rights and duties in respect of a child.

Mother

A child’s mother always has parental responsibility for a child. This cannot be removed, suspended or altered in any way except when a court makes an adoption order or an order freeing the child for adoption.

Father

If the father is married to the mother at the time of the child’s birth, the father is in the same position of the mother and will automatically acquire parental responsibility. A father will also acquire parental responsibility if he later marries the child’s mother. If the father does not marry the mother he may acquire parental responsibility either by entering into an agreement with the child’s mother, obtaining a parental responsibility order from the court, or obtaining a residence order which automatically confers parental responsibility.

A court order can be issued which may remove, suspend or alter a father’s parental responsibility.

Other persons

Any person granted a residence order in respect of a child automatically acquires parental responsibility.

When a Local Authority Social Services Department applies for and is granted a care order in respect of a child, it will acquire parental responsibility in addition to the child’s parents or others with parental responsibility. Upon the making of an adoption order, the adopters will acquire parental responsibility in respect of the child. An adoption order will extinguish parental responsibility previously vested in other persons.

A step-parent will not acquire parental responsibility save by applying for a residence order or obtaining an adoption order.