14/07/2009
Parental Responsibility – Who Decides?
The key to this question is “Parental Responsibility”. Parental Responsibility (PR) was introduced in1989 under the Children Act and is the legal term which describes the rights, duties, powers, responsibilities and authority which by law a parent has in relation to any child or the child’s property. It is the legal standing of being a parent.
A parent with PR has an obligation to protect and maintain the child, choose the child’s religion, surname, consent to the taking of blood for testing and other medical treatment as well, arranging the child’s education and appointing a guardian.
But who has PR? A mother and father of a child are married to each other at the time of the child’s birth or subsequently marry both automatically acquire PR. However for a father who is not married it may depend on the child’s date of birth. If the child was born after 1 December 2003, and a father is named on the birth certificate, then the he automatically acquires PR .If the child was born prior to 1 December 2003, or if he is not named on the birth certificate, he can only acquire PR either by agreement or by a Court order.
It is also possible for step-parents, adoptive parents and grandparents or other family members who have children living to obtain PR.
The law underlines that being a parent gives powers, but also responsibilities and duties towards the child, however, ultimately the welfare of the Child is always paramount.
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