Date published: 23rd October 2017

This blog is part two of our parental responsibility series, outlining what you need to know about parental responsibility for LGBTQ+ couples, who has it and how you can obtain it.

Who is a legal parent?

A child can only ever have two legal parents, however it is possible for more than two people to have parental responsibility.

If a child is born by fertility treatment on or after 6 April 2009, the child may have two female parents under provisions in the Human Fertilisation and Embryology Act 2008 (HFEA 2008).

A child's birth mother will automatically be their legal parent when they are born. A child's second legal parent, at birth, will depend on the circumstances at the time of conception.  For example, the birth mother's partner will be considered a legal parent, and can be named on the birth certificate if they were married or civil partners at the time of conception.

If a child is conceived through a United Kingdom fertility clinic, the birth mother can sign an agreement through the clinic to name her partner (if they are not married or in a civil partnership) and/or the biological father (if the donor is known) as second legal parent.

Where a child is conceived outside a United Kingdom fertility clinic (for example by way of sperm donor) if the birth mother is not married or in a civil partnership at the time of conception, the second legal parent, under UK law, will be the donor father. He will only have parental responsibility however if he is registered on the birth certificate.

A birth mother’s partner can become a legal parent through adoption.

Civil Partnerships

A woman who is not the birth mother of a child can be a legal parent. She would have parental responsibility in a similar way as a legal father if:

  • She is married to or in a civil partnership with the mother at the time of the birth;
  • She registers a civil partnership with the mother later on,
  • She is on the English or Welsh birth certificate;
  • She and the mother have signed a parental responsibility agreement, and lodged it with the court; or
  • The court has made a parental responsibility order in her favour.
  • She requests a Child Arrangement Order

If a court makes a Child Arrangements Order in favour of a partner who does not have parental responsibility, then :

  • If the Child Arrangements Order provides that the child lives with that person (even for part of the time), the court must make a parental responsibility order in their favour; and
  • If the Child Arrangements Order provides that the child spend time or otherwise have contact with a person, the court must consider whether to make a parental responsibility order.

An adoptive mother or a woman who is the mother of a child after a parental order is made after surrogacy has parental responsibility, whatever the gender of the other parent.

Step-parents

A step-parent i.e. the spouse or the civil partner of the father or the mother, can acquire parental responsibility for a child if they are married to, or is the civil partner of, a parent of the child who has parental responsibility, in the following circumstances:

  • Enters into a parental responsibility agreement with the parent (if that parent has parental responsibility) or both parents (if both parents have parental responsibility);
  • Obtains a court order granting them parental responsibility;
  • Obtains a Child Arrangements Order (as explained above);
  • Adoption

What if we are not married or in civil partnership?

If you and your partner are not married or in a civil partnership (and don’t propose to change that), you can acquire parental responsibility for a child:-

  • Through a Child Arrangements Order (as explained above) or
  • Adoption

What does parental responsibility actually mean?

You don’t have to be a biological parent to have parental responsibility for a child. For example if a person adopts a child or obtains a Child Arrangements Order naming them as a person with whom the child is to live, you can have parental responsibility.

More than one person can have parental responsibility for a child at the same time, and a person with parental responsibility does not lose it just because another person acquires it.

Some decisions in relation to a child require all those with parental responsibility for the child to have been consulted for example:

  • The school that the child is to attend;
  • Planned medical and dental treatment beyond routine check-ups;
  • Circumcision and sterilisation;
  • Immunisation against childhood diseases;
  • Changing the child's surname.
  • Relocation to another part of England and Wales or overseas.

If there is disagreement between those with parental responsibility, it may be necessary to apply to the court for an order to determine the issue. For more information about parental responsibility, please contact our Family team 

If you would like any more advice regarding parental responsibility, you can contact our Liverpool Family experts. Please click here for a call back or message us your enquiry.