Understanding Parental Rights in the UK: A Complete Guide
By Akwal Ryatt, head of Family Law at Tyler Hoffman Solicitors
Becoming a parent can change everything - your routines, your priorities and how you interact with the world. One thing that shouldn't be unclear, however, is your legal position as a parent. Whether you're married, unmarried, separated or navigating co-parenting arrangements, it's useful to know where you stand when it comes to your rights and responsibilities under the law in England and Wales.
This guide explains your legal parental rights and how they apply, to help you make informed decisions about your young child’s care and upbringing.
What is parental responsibility?
Parental responsibility is the legal term for the rights and duties a parent has towards their child. This includes decisions about schooling, medical care, religion and where the child lives. Mothers automatically have parental responsibility from birth. Fathers do not automatically have it unless they were married to the mother at the time of birth or are listed on the birth certificate (after 1 December 2003 in England and Wales).
Unmarried fathers who are not named on the birth certificate can acquire parental responsibility by entering into a parental responsibility agreement with the mother, or by applying for a court order.
Who can have parental responsibility?
Besides biological parents, it’s possible for other individuals to be granted parental responsibility. For example, a step-parent, civil partner or grandparent can obtain this status through an agreement or court order if they play a key role in the child’s life. This can be especially relevant in cases involving adoption, surrogacy or same-sex parenting.
The law also allows more than two people to hold parental responsibility at the same time. In practical terms, this means all individuals with this legal status have to be consulted before major decisions are made for the child.
Rights when parents separate
When parents separate, there is no legal assumption that a child should live with the mother or father. Courts will generally encourage shared parenting, although this depends on the child’s needs and circumstances.
A parent who does not live with the child has the right to apply for a Child Arrangements Order to formalise contact. This can specify who the child lives with and how often they see the other parent. Disputes over schooling, holidays or relocation can also be resolved through court orders if agreement cannot be reached informally.
Fathers and parental rights
Fathers may encounter uncertainty when it comes to establishing or exercising their parental rights - especially if unmarried. A good first step is to speak to experienced Paternity Lawyers who can explain your legal options clearly on issues such as contact, decision-making or being named on the birth certificate.
What about step-parents or partners?
Step-parents and partners don’t automatically have parental responsibility, even if they live with the child full-time. However, they can apply for parental responsibility if both biological parents agree. This can be a practical route in blended families where both parents want the step-parent to be legally involved in decisions around schooling, health or travel.
If one parent does not consent to the arrangement, or if there is a dispute about the step-parent’s involvement in the child’s upbringing, a step-parent may need to apply for a court order to obtain parental responsibility.
When can rights be removed or restricted?
In rare cases, parental responsibility can be restricted by the court, such as where a parent poses a risk to the child’s welfare. This could involve supervised contact or, in extreme circumstances, removal of parental responsibility altogether.
Local authorities may also become involved if there are safeguarding concerns. In these instances, social services can apply for care or supervision orders. Parents in this position are advised to seek legal representation to protect their rights while engaging with child protection proceedings.
How the law applies to same-sex couples
Same-sex couples can both hold parental responsibility depending on how the child was conceived or adopted. For couples where one partner gives birth, the other may automatically have parental responsibility if they are married or in a civil partnership at the time of conception. In families formed through surrogacy, a parental order can be used after the child’s birth to grant parental responsibility to both intended parents.
Legal advice is often needed to confirm that both individuals are legally recognised as parents - especially in cases involving assisted reproduction or where more than two people are involved in the child’s care.
Access to information
A parent with parental responsibility has the legal right to receive information about their child. This includes access to school records, medical records and reports from nurseries or health visitors. However, this doesn’t always extend to making decisions - especially if the child lives with the other parent and there is a specific court order in place.
If one parent is withholding information or excluding the other from updates, it may be possible to resolve the issue through legal action, particularly if this interferes with the child's welfare.
Understanding how parental rights affect everyday decisions
Understanding how parental rights work can make everyday decisions easier, especially during the early years of raising a child. Knowing who has the legal authority to make choices about things like health, education and living arrangements can help avoid confusion and reduce conflict. If you're unsure where you stand - particularly after a separation or if you weren’t involved in the birth registration - it can be helpful to speak to someone who can explain how the rules apply to your situation.