Briefing: Parental Responsibility in England and Wales
Parental responsibility refers to the legal rights and duties a person has in relation to a child’s upbringing, including decisions about education and healthcare. It is not the same as legal parentage—someone can have parental responsibility without being the child’s legal parent. It is automatically granted to birth mothers and married partners, while others may acquire it through birth registration or court orders. Disputes between those with parental responsibility are resolved by the courts, which prioritize the child’s welfare. Responsibility ends when the child turns 18.
Recent developments include proposed reforms to surrogacy law, aiming to simplify how intended parents gain legal status at birth. Additionally, new legislation such as the Victims and Prisoners Act 2024 allows for the suspension of parental responsibility in cases involving serious crimes against the child’s other parent. Further restrictions are being considered under the Victims and Courts Bill for those convicted of serious sexual offences against their child.
