Where a child’s parents were married at the time of his or her birth, then each parent has parental responsibility.
A step-parent may acquire parental responsibility for a child either by adopting the child or by obtaining a residence order.
Unmarried parents
In the case of unmarried parents, the situation is a little more complicated as the law changed on 1 December 2003.
For children born after 1 December 2003, if the father is named on the birth certificate he will automatically acquire parental responsibility.
If the child was born before December 2003, only the mother has sole parental responsibility until the father acquires it by way of:
- subsequently marrying the mother of the child;
- applying to the court for a parental responsibility order;
- making a parental responsibility agreement (in a set procedure) with the mother;
- applying for and getting a residence order; or
- being appointed the child’s guardian (once the appointment takes effect).