Most of us will have a common sense view of what "parental responsibility" means. But the legal term doesn't necessarily fit neatly over it.

The definition in the Children Act 1989 will probably ring true – "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". But in practice, there are some applications of the term that might surprise you.

First, there's the question of who gets parental responsibility in the first place. And secondly, there's the issue of whether it can ever be lost.

In this article, we take a look at how the term is applied in law – and at its recent appearance in the news.

But first, what does it mean in practice?

What does parental responsibility mean in practice?

There will probably be few, if any, surprises here. Someone with parental responsibility has to house, protect and maintain their child. Beyond that, parental responsibility covers big decisions that need to be made about a child's upbringing. These include:

• The child's name as it appears on their birth certificate
• Where they go to school
• Discipline
• Who their guardian would be in the event of the parent's or parents' death(s)
• Agreeing to their medical treatment
• Any holidays or extended stays overseas
• Legal representation in court
• Looking after the child's property
• Which religion the child is brought up in

Who has parental responsibility?

Biological mothers automatically have parental responsibility over their children – but fathers only have it if they're married to or in a civil partnership with the mother.

If the marriage or civil partnership ends, fathers retain parental responsibility.

Like fathers, a second female parent will have automatic parental responsibility if they're married to or in a civil partnership with the biological mother at the time of conception.

Stepfathers, stepmothers and grandparents don't automatically get parental responsibility.

How can a father gain parental responsibility?

Fathers, then, don't automatically get parental responsibility – but a father who isn't married to or in a civil partnership with the mother may still want it.

For this to happen, there are a few options. The first, naturally, is to marry or enter into a civil partnership.

Other than that, the father can get his name registered on a birth certificate or enter into a Parental Responsibility Agreement with the mother. As the name suggests, both parents have to agree to this.

If the mother refuses to let the father be on the birth certificate or refuses to enter into a Parental Responsibility Agreement, the father can seek a Parental Responsibility Order from court.

This court order isn't guaranteed. Before granting it, the court will look at the father's relationship with the child and his reason for applying.

Stepparents can gain parental responsibility through a Step Parent Parental Responsibility Agreement. For this to happen, two conditions have to be met.

First, the stepparent has to be married to or in a civil partnership with the biological parent. And secondly, they have to get the signed consent of all people who have parental responsibility for the child.

Can parental responsibility be transferred to another person?

No. Responsibility can be delegated to a partner, relative, childminder, teacher or friend. But the buck stops with the person who has parental responsibility.

Can parental responsibility be lost?

It's extremely rare for a mother or the person married to or in a civil partnership with her to lose parental responsibility. However, it will be overridden in the event of adoption.

If the court believes someone with parental responsibility is a danger to their child, they will start by restricting involvement with the child rather than stripping them of parental responsibility. There are two routes for this: a Child Arrangements Order or a Prohibited Steps Order.

When does parental responsibility end?

Parental responsibility ends when the child turns 18. The only exceptions to this are if the child gets married between the ages of 16 and 18 or if an adoption order comes into effect. 

Who makes decisions on behalf of the child?

If there are two people with parental responsibility, major decisions have to be made by both. But in some cases – a school trip, say – only one parent needs to consent.

This has raised issues in relation to vaccinations, where the consent of both parents is needed. This either has to be resolved by the parents, or through a Specific Issue Order from the court which states that the vaccination is in the child's best interests.

If they can't agree, parents are encouraged to resolve the conflict through family mediation. If all else fails, they can apply for a court order.

What is Jade's Law?

Parental responsibility has been in the news since the murder of Jade Ward in August 2022.

She was killed at home by Russell Marsh, the father of her four sons. Although Marsh will serve at least 25 years in prison, he will retain parental responsibility.

This isn't unusual. It's extremely rare for parental responsibility to be removed even in such an extreme case.

In practice, this means that any decisions relating to health, education or travel made on behalf of their children will have to be approved by Marsh.

Jade Ward's family lobbied MPs to curb the parental rights of killers. A petition received enough signatures to be debated in Parliament.

The government made no promises about implementing Jade's Law – but Shadow Justice Minister Ellie Reeves has said that Labour would pass it if they won the next election. 

Do you need legal advice about parental responsibility? We have knowledgeable, friendly teams of family lawyers in Harrogate, Leeds and Pontefract. Get in touch for a free, no-obligation consultation.