Under Section 3 of the Children Act 1989, Parental Responsibility is defined as the rights, duties, powers and responsibilities that a parent has concerning a child. By having Parental Responsibility for a child, a person is able to make decisions for that child, for example medical and educational decisions. A mother automatically gains Parental Responsibility when she gives birth to a child, however, a father only automatically gains parental responsibility if he is married to the mother at the time of birth. If he is not, then he can only obtain Parental Responsibility by being named on the birth certificate, or through a Court Order.
However, in a recent case, KL v BA [2025], clarity was provided on having Parental Responsibility through being named on a birth certificate. This case involved a man who was named on a child’s birth certificate when the child was born. The man was in a relationship with the child’s mother and believed that he was the child’s biological father. He was involved in the child’s life as a father until his relationship with the mother broke down, when the child was two. After the breakdown, the mother revealed that the man was not the child’s biological father, which DNA testing confirmed. The father argued that because he was named on the birth certificate, he still had Parental Responsibility for the child.
The Judgement in this case determined that a biological link is the foundation of Parental Responsibility, and therefore the man did not have, and could not obtain Parental Responsibility. This means that simply being on a child’s birth certificate no longer means that a person automatically has Parental Responsibility, they must also be the biological parent of that child.
However, this does not mean that a biological parent cannot apply for Parental Responsibility. To obtain parental responsibility for a biological child, a person can:
- Get a Parental Responsibility Agreement
(A formal, legal agreement with the birth mother, witnessed by a Court Officer)
- Apply to the Court for a Parental Responsibility Order
For a non-biological parent that is acting as a psychological parent, the Court could grant a Parental Responsibility Order.
If you would like expert legal advice or assistance for Parental Responsibility, 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.
