Glossary: Parental Responsibility

Parental Responsibility means all the duties, powers, responsibilities and authority which a parent has by law in relation to a child. Parental Responsibility diminishes as the child acquires sufficient understanding to make his or her own decisions.

A child's mother always holds Parental Responsibility, as does the father if married to the mother. The position in relation to unmarried fathers changed on 1 December 2003. Up to then, if the father was not married to the mother, he could only acquire Parental Responsibility by agreement or by a Court Order. However the change is that an unmarried father acquires Parental Responsibility if he registers the birth jointly with the mother, and the registration takes place after 1 December 2003.

This is not retrospective and therefore an unmarried father whose name appears on the birth certificate where registration took place before 1 December 2003 does not have Parental Responsibility.

Parental responsibility can be acquired by Court Order, for example a Special Guardianship Order or a Residence Order. The local authority acquires Parental Responsibility through an Emergency Protection Order, an Interim Care Order and a full Care Order. In these circumstances the local authority shares Parental Responsibility with the parents. Parents do not lose their Parental Responsibility unless an Adoption Order is made.

Where a child is placed with prospective adopters, the prospective adopters acquire Parental Responsibility as soon as the placement is made. This will be shared with the birth parents and with the adoption agency making the placement. The Adoption Panel may give advice on the exercise of Parental Responsibility and the Adoption Placement Plan should set out how the exercise of Parental Responsibility by the prospective adopters may be restricted.

(Definition provided by tri.x)