PARENTAL RESPONSIBILITY
MEANING OF PARENTAL RESPONSIBILITY –s.2-4A Childrens Act 1989
S.3 CA 1989= meaning of ‘parental responsibility’
“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” Act is very important, disappointing definition no examples
Need to look at practice and case law (it is not in statute)
Right to decide on education; choose religion
Right to consent to medical treatment; consent to child’s marriage/civil partnership (if 16/17)
Right to choose child’s surname
Right to consent to the child’s adoption
Right to discipline the child – reasonable punishment
WHO HAS PARENTAL RESPONSIBILITY?
All MOTHERS automatically have parental responsibility
s.2(1) CA 1989 – married
“Where a child’s father and mother were married to each other at the time of his birth, they shall
each have parental responsibility for the child”
s.2(2) CA 1989 – unmarried
“Where a child’s father and mother were not married to each other at the time of his birth—
the mother shall have parental responsibility for the child;
The mother has in every circumstance parental responsibility regardless of marital status
FATHERS if: Married to the mother – s.2(1) CA 1989
If father marries mother after child’s birth, child is treated as child of married couplefather gets PR
Unmarried fathers do not automatically have parental responsibility – s.2(2) CA 1989
“Where a child’s father and mother were not married to each other at the time of his birth—
Father shall not have parental responsibility for child, unless acquires it in accordance with Act”
Acquisition of parental responsibility by father
(1) Registration – s.4(1)(a) CA 1989
By registration on the child’s birth certificate with mother’s consent
Amendment introduced by Adoption & Children Act 2002 (Part 2) – s. 111
Registration pursuant to s.10(1) Births and Deaths Registration Act 1953: -
Provision came into force on 2003; not retrospective gives option to re-register the birth (PR)
So registration gives legal parenthood + PR on the father, if born before 2003 father will not have
parental responsibility, but can re-register so get parental responsibility
(2) By entering into a parental responsibility agreement with the mother – s.4(1)(b) CA 1989
The father and mother may by agreement provide for the father to have parental responsibility
Re X (PR Agreements)
Right of mother and father to enter into a parental responsibility agreement free from state
intervention child taken to state care, did not want mother to give PR to father, as they wanted to
make decisions (in care so issues in parenting) free to enter PR agreements
1
MEANING OF PARENTAL RESPONSIBILITY –s.2-4A Childrens Act 1989
S.3 CA 1989= meaning of ‘parental responsibility’
“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” Act is very important, disappointing definition no examples
Need to look at practice and case law (it is not in statute)
Right to decide on education; choose religion
Right to consent to medical treatment; consent to child’s marriage/civil partnership (if 16/17)
Right to choose child’s surname
Right to consent to the child’s adoption
Right to discipline the child – reasonable punishment
WHO HAS PARENTAL RESPONSIBILITY?
All MOTHERS automatically have parental responsibility
s.2(1) CA 1989 – married
“Where a child’s father and mother were married to each other at the time of his birth, they shall
each have parental responsibility for the child”
s.2(2) CA 1989 – unmarried
“Where a child’s father and mother were not married to each other at the time of his birth—
the mother shall have parental responsibility for the child;
The mother has in every circumstance parental responsibility regardless of marital status
FATHERS if: Married to the mother – s.2(1) CA 1989
If father marries mother after child’s birth, child is treated as child of married couplefather gets PR
Unmarried fathers do not automatically have parental responsibility – s.2(2) CA 1989
“Where a child’s father and mother were not married to each other at the time of his birth—
Father shall not have parental responsibility for child, unless acquires it in accordance with Act”
Acquisition of parental responsibility by father
(1) Registration – s.4(1)(a) CA 1989
By registration on the child’s birth certificate with mother’s consent
Amendment introduced by Adoption & Children Act 2002 (Part 2) – s. 111
Registration pursuant to s.10(1) Births and Deaths Registration Act 1953: -
Provision came into force on 2003; not retrospective gives option to re-register the birth (PR)
So registration gives legal parenthood + PR on the father, if born before 2003 father will not have
parental responsibility, but can re-register so get parental responsibility
(2) By entering into a parental responsibility agreement with the mother – s.4(1)(b) CA 1989
The father and mother may by agreement provide for the father to have parental responsibility
Re X (PR Agreements)
Right of mother and father to enter into a parental responsibility agreement free from state
intervention child taken to state care, did not want mother to give PR to father, as they wanted to
make decisions (in care so issues in parenting) free to enter PR agreements
1
