Acquisition of parental responsibility by female parents
Acquisition of parental responsibility by female parents

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Acquisition of parental responsibility by female parents
  • Who has parental responsibility?
  • Acquisition of parental responsibility by female parents
  • Factors to be taken into account in making a parental responsibility order
  • Child arrangements orders
  • Duration and termination of parental responsibility agreements and orders

Who has parental responsibility?

At birth

  1. where the parents were married to each other at the time of the child's birth, they each have parental responsibility ('married to each other at the time of the child's birth' has to be interpreted in accordance with the Family Law Reform Act 1987 (FLRA 1987))

  2. where the parents were not married to each other at the time of the birth, the mother automatically has parental responsibility and the father does not: there is provision for the father to acquire it

  3. in relation to a child conceived after 6 April 2009 where that child:

    1. has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) (ie treatment provided to a woman who is a party to a civil partnership or marriage at the time of treatment), or

    2. has a parent by virtue of HFEA 2008, s 43 (treatment provided to a woman who agrees to a second woman being parent) and is a person to whom FLRA 1987 applies HFEA 2008, s 43 (relating to a woman who has assisted reproduction treatment and who agrees that that second woman is to be the parent of any resulting child)

  4. the mother and the other parent shall each have parental responsibility for the child

  5. normally no other