Understanding Parental Responsibility in England and Wales: What Every Parent Should Know

What Is Parental Responsibility?

In England and Wales, parental responsibility (PR) refers to the bundle of rights, duties, and authority a parent has in relation to a child. Defined by the Children Act 1989, it encompasses everything from deciding on a child’s education and medical care to guiding their upbringing and wellbeing.

It’s important to note that parental responsibility is not the same as legal parenthood. A person can be a child’s legal parent without having parental responsibility — and vice versa. For instance, an unmarried biological father who isn’t on the birth certificate may be a legal parent but won’t automatically have parental responsibility. Conversely, a grandparent with a special guardianship order may have PR but not legal parenthood.

How Parental Responsibility Is Acquired

1. Automatically

The birth mother has parental responsibility from birth.

The father or second female parent also gains PR automatically if they are married to or in a civil partnership with the mother when the child is born.

2. Through Registration or Agreement

Unmarried fathers and second female parents can acquire parental responsibility by being named on the birth certificate, by entering into a parental responsibility agreement with the mother, or by obtaining a parental responsibility order from the court.

3. Through Court Orders or Adoption

Other adults — such as step-parents, special guardians, or adoptive parents — may also acquire parental responsibility through court orders, adoption, or in limited cases, child arrangements orders.

Exercising Parental Responsibility

While each person with parental responsibility can usually make day-to-day decisions independently, major decisions — like changing schools, relocating abroad, or consenting to medical procedures — should be made jointly. When disagreements arise, the courts can decide through one of three orders:

Child Arrangements Order – determines who the child lives or spends time with.

Prohibited Steps Order – prevents a specific action (e.g. changing a child’s school).

Specific Issue Order – resolves a particular dispute (e.g. which religion the child should follow).

The courts always prioritise one factor above all: the welfare of the child. Trying family mediation or other non-court route is expected where appropriate.

Losing or Restricting Parental Responsibility

Parental responsibility generally lasts until a child turns 18, but in rare cases, it can be removed or restricted by the courts.

Adoption or parental orders remove PR from the original parents.

Unmarried fathers may lose parental responsibility if a court deems it necessary for the child’s welfare.

Restrictions can also be imposed via prohibited steps or care orders without ending PR completely.

A changing legal area

A range of changes are being campaigned for and considered, and the law around Parental Responsibility is likely to change. Family courts will generally promote the use of out of court options such as family mediation to resolve disputes if this is safe and appropriate.

All legal and court procedures can change so you should speak to us for current information. If you need legal advice, please contact a suitable qualified family lawyer. Any legal information provided here is for general information and does not constitute legal advice.

Further free guidance

This blog is based on a free report 'Parental responsibility in England and Wales' by David Foster for the House of Commons library, accessible here.

Advice Now (the legal information charity) have resources and guides to parental responsibility here.