UK Law and Practice Contributed by: Emma Post and Nicki Beale, NE Family Law
1. The Care Provider’s Ability to Take Decisions About the Child 1.1 Parental Responsibility Parental responsibility (PR) in England and Wales is defined by Section 3 (1) of the Children Act 1989 as meaning “all the rights, duties, powers, responsibili - ties and authority which by law a parent of a child has in relation to the child and his property”. What Does PR Cover? While the definition is very broad, it covers the follow - ing non-exhaustive list: • discipline or chastisement; • consent to medical treatment; • change of name; • schooling/education; • adoption; • consent to marriage; • appointment of a guardian; • applying for or refusing a passport application; and • temporary or permanent removal from the jurisdic - tion (save for where there is a “lives with” order in place which permits travel outside the jurisdiction for up to 28 days without consent being required). 1.2 Requirements for Birth Mothers In England and Wales, a child’s birth mother automati - cally acquires PR. 1.3 Requirements for Fathers A father does not automatically acquire PR for a child on birth – this will depend on the nature of the relation - ship between the father and the birth mother at the time the child is born. When Will a Father Automatically Acquire PR? A father will automatically acquire PR in the following circumstances: • at the time of the birth of the child if they are mar - ried to the child’s birth mother; or • if they were a civil partner of the child’s mother at the time of birth.
When Will a Father Not Automatically Acquire PR, and What Can They Do? If a father is not married to or in a civil partnership with the child’s mother at the time of birth, there are several routes for an “unmarried” father to acquire PR: • being registered on the child’s birth certificate (on or after 1 December 2003); • marrying or entering into a civil partnership with the birth mother, after the birth of the child; • entering into a PR agreement (Section 4 (1)(b) Chil - dren Act 1989) with the birth mother – this requires completion of Form C (PTA1), which needs to be witnessed by a Justice of the Peace or other nomi - nated court official; • obtaining a PR order from the court (Section 4 (1)(c) Children Act 1989), but the child must be under the age of 18; and • being appointed as a testamentary guardian for the child, either by the birth mother or by order of the court. What Impact Will a Child Arrangements Order Have on PR? If a child arrangements order is in place, determining that the child “lives with” the father, the court must also make a PR order (Section 12 (1) Children Act 1989). This is not required (but can be considered) in the case of a “spends time with” order (Section 12 (1A) Children Act 1989). 1.4 Requirements for Non-Genetic Parents Adoption Adoption orders automatically confer PR, whether made in favour of an individual or a couple, subject to the following. A couple may apply for an adoption order (Section 50 • one is the mother or father of the child to be adopted and has attained the age of 18, and the other person is over 21. An individual may apply for an adoption order (Section 51 Adoption and Children Act 2002) if, when an adop - Adoption and Children Act 2002) if: • both have attained the age of 21; or
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