Blog

What does making an order for parental responsibility and a declaration of parentage mean?

by

When you have a child ‘parental responsibility’ refers to all the rights, duties, powers responsibilities and authority which by law a parent of a child has in relation to the child and their property. The term focuses on the parent’s duties towards their child.

Mother’s automatically have parental responsibility. Fathers who are married to or in a civil partnership with the mother automatically have parental responsibility. As a father you can also acquire parental responsibility if you attend the registration of your child’s birth and your details are entered onto your child’s birth certificate.

If you are a father that does not automatically have parental responsibility and do not attend the registration of your child’s birth, you will not have parental responsibility.

If you are a parent wishing to legally reflect your parentage you may be able to make an application to the court for a parental responsibility order and a declaration of parentage. What is the difference?

A declaration of parentage is a court order confirming that a person is a legal or biological parent – this permits a re-registration of a child’s birth certificate to enable a parent’s details to be entered on to their child’s birth certificate. Parental responsibility refers to the rights and responsibilities of the parent and confirms they can make decisions in respect of the child. Whilst a declaration of parentage confirms that a person is the parent to a child this does not automatically grant parental responsibility irrespective of the fact that the parents details are entered on to their child’s birth certificate. Hence the need for both applications.

If you have involvement with social services in relation to your children and are subsequently attending court hearings in relation to this, you may be able to make these applications during this process. If you have any questions about care proceedings, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.

‘Thank you so much. We needed your help and support in such a vulnerable time in our lives.’

‘Although our partnership was under unpleasant circumstances, working with you make it a pleasure! I can’t thank you enough for making these months a positive experience as I always was assured of your support in the background. I will not hesitate to recommend you highly to anyone who needs your services.’

‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done!’

‘I am perfectly satisfied with the way the case was handled. My solicitor was very efficient, easy to communicate with and was very clear on what the outcome would or could be and who worked well.’

‘Thank you for your kindness. Sometimes it is not easy when you are trying to express how you gave us happiness. A very big thank you!’

‘I cannot fault my experience with Johnson Astills Solicitors. Throughout this difficult time I was made to feel secure, supported and validated – money can’t actually buy these things.’