What is parental responsibility and do mothers have it?

The law says that parental responsibility is:

‘all the rights, duties, powers, responsibilities and authority, which by law a parent has in relation to the child…’. This is explained in section 1(3) of the Children Act 1989.

A person who has parental responsibility can make important decisions about their child’s life. This includes:

• Providing a home for their child
• Protecting and caring for their child
• Agreeing to their child having medical or dental treatment.

Mothers have parental responsibility from the moment their child is born. This is not true for all fathers. Some fathers will have parental responsibility for their child because of being married to the mother. Or because they are named on their child’s birth certificate.

Our Fathers page provides easy to follow information about how, and when, fathers may have or get parental responsibility for their child.

It explains:

• Six different ways that a father may have parental responsibility
• Details of the court forms, fees and process that needs to be followed to arrange for a father to gain parental responsibility for their child
• How to check if a father has parental responsibility for their child
• How stepfathers may acquire parental responsibility for a child.

It is also a good idea to Open or download our Parental responsibility – quick facts guide to parental responsibility.  It includes a table showing who has parental responsibility. And the ways different people can obtain it.

It also answers questions about:

• Whether parental responsibility can come to an end
• Decision making and parental responsibility
• Limits to parental responsibility, and
• Taking a child abroad.

Visit the other sections of our Mothers page to learn more about stepmothers, second female parents and parental responsibility.