In some instances, there’s no need to understand how parental responsibility functions. Biological parents have a clear duty of care towards their offspring, both legally and morally – it’s as simple as that.
Except, in many cases, it can become a lot more complicated. Through a range of different processes, it’s possible to acquire parental responsibility – let’s take a look at how that can happen.
What does parental responsibility mean?
First off, what does parental responsibility actually mean? In the UK, the term is used to refer to a wide range of powers, responsibilities and legal duties that an adult will have towards a minor as part of a parental relationship.
Parental responsibility arises automatically at birth, transferring straight to the mother. As a result, it’s the mother who is faced with the legal right to make decisions about their child’s welfare, education, and medical treatment. If the parents are married at the time of birth, those responsibilities will automatically transfer to the father as well – he can also get it shortly after birth if he is listed on the child’s birth certificate.
Acquiring parental responsibility
While it’s automatically transferred to the biological mother at birth, parental responsibility can also be acquired in a number of ways. These include the following:
- Marrying the biological mother after birth
- Entering into a civil partnership with the mother after birth
- Registering on the birth certificate
- Getting a parental responsibility agreement with the mother
- Getting a parental responsibility agreement through the court system
If a parent is unable to acquire parental responsibility through any of these methods and believes that it is their legal right, then it might be useful to consult a solicitor with experience in family law, to see if there are any other avenues to follow.
What if you’re unable to fulfil parental responsibilities?
Parental responsibilities aren’t just abstract duties of care – they’re absolutely crucial to ensure the ongoing well-being of children across the country. As a result, if individuals are unable to exercise their parental responsibilities, due to cases such as ill health or imprisonment, then another legal guardian can be legally appointed to the role of looking after that child.
Can parental responsibility be shared?
Parental responsibility doesn’t necessarily need to be restricted to two parents – it can be shared legally between multiple different parties. An example of this could be a step-parent who plays a significant, ongoing role with regard to the child’s development. In many cases, they could acquire parental responsibility via a court order or through an agreement with the child’s biological parents.
As you can see, parental responsibility is a little more complex than it might seem at first glance. It starts with the birth mother, but the legal responsibility will often be extended to other parties, including the father and others who are closely involved with the child’s development in an ongoing capacity. If you’re in a position of care, it’s important that you understand the complexities of parental responsibility, so that you can be fully aware of the duties you hold towards any minors under your care.
