MAKE YOUR FREE Parental Responsibility Agreement
What we'll cover
What is a Parental Responsibility Agreement?
A Parental Responsibility Agreement is an agreement between the mother of a child and an individual who wants to obtain parental responsibility for the child (eg a father). Both of the child’s parents need to agree to this. Parental Responsibility Agreements confer parental responsibility onto individuals who do not currently have parental responsibility for a child.
For use in England and Wales only.
When should I use a Parental Responsibility Agreement?
Use this Parental Responsibility Agreement template:
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if you are the father of a child (Ask a lawyer for assistance if you’re a parent of another gender who needs a Parental Responsibility Agreement)
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you don't currently have parental responsibility for your child (eg because you weren’t married to the child's mother when the child was born or your name is not on the birth certificate)
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you want parental responsibility, and
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the child's mother agrees
Sample Parental Responsibility Agreement
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PARENTAL RESPONSIBILITY AGREEMENT Date recorded at the Principal Registry of the Family Division______________________________
Section 4(1)(b) Children Act 1989
THIS IS A PARENTAL RESPONSIBILITY AGREEMENT REGARDING:
The Child
Name:
Gender:
Date of birth:
Date of 18th birthday:
And made between of
, (the Mother)
and
of
, (the Father)
WE DECLARE THAT we are the Mother and Father of the above child and we agree that the child's Father shall have parental responsibility for the child in addition to the Mother having parental responsibility.
| Executed as a deed by | |
| , Mother | |
| Date | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| CERTIFICATE OF WITNESS: The following evidence of identity was produced by the person signing above: |
| (A JUSTICE OF THE PEACE)(JUSTICES CLERK)(AN OFFICER OF THE COURT AUTHORISED BY THE JUDGE TO ADMINISTER OATHS) |
| Executed as a deed by | |
| , Father | |
| Date | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| CERTIFICATE OF WITNESS: The following evidence of identity was produced by the person signing above: |
| (A JUSTICE OF THE PEACE)(JUSTICES CLERK)(AN OFFICER OF THE COURT AUTHORISED BY THE JUDGE TO ADMINISTER OATHS) |
About Parental Responsibility Agreements
Learn more about making your Parental Responsibility Agreement
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How to make a Parental Responsibility Agreement
Making a Parental Responsibility Agreement online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Parental Responsibility Agreement you will need the following information:
Parents
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What are the mother’s details?
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What are the details of the father who is applying for parental responsibility?
Child
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What are the details of the child for whom parental responsibility is sought?
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Common terms in a Parental Responsibility Agreement
A Parental Responsibility Agreement is used to agree on and set out who has parental responsibility for a child. As a result, this Parental Responsibility Agreement covers:
The child
This section sets out the details of the child for whom the father is seeking parental responsibility. These details include the child’s name, gender, date of birth and the date on which the child will turn 18.
And made between…
This section sets out the names and addresses of the mother and the father.
We declare that…
This section includes two declarations. The first is that the named mother and father are the parents of the named child. The second is that the mother and father agree to the father having parental responsibility in addition to the mother.
Signatures
The Parental Responsibility Agreement contains signature sections where the mother and father must sign. As the Parental Responsibility Agreement must be signed in the presence of an officer of the court, it contains designated spaces for the officer of the court to sign.
If you want your Parental Responsibility Agreement to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Parental Responsibility Agreement for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Parental Responsibility Agreement
Understand when this Parental Responsibility Agreement is suitable
You should only use this Parental Responsibility Agreement if you are a child’s father and don’t currently have parental responsibility for them. If you're not the father of the child you wish to gain parental responsibility for (eg if you’re a step-parent or same-sex partner), you should Ask a lawyer for assistance making a bespoke document.
Further, this Parental Responsibility Agreement should only be used if the child’s biological mother agrees to you having parental responsibility. If the mother refuses to let you have parental responsibility, you will need to apply to the courts for a Parental Responsibility Order.
For more information, read Parental responsibility.
Be aware of the differences between parental responsibility and child custody
In England and Wales, parental responsibility and child custody are not the same. Parental responsibility refers to the rights and responsibilities a parent has for their child.
Child custody, on the other hand, refers to having physical custody of the child and making day-to-day decisions about the child's care and welfare. Child custody arrangements will typically be made in cases of divorce or separation and set out who a child will live with and how often (and when) the other parent will see them. If parents are unable to reach an informal agreement, they can apply to the courts. In these circumstances, the term ‘child custody’ is uncommon. Instead, orders relating to child custody are referred to as ‘child arrangements orders’.
For more information, read Parental responsibility and Child custody.
Understand when to seek advice from a lawyer
Ask a lawyer where:
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the mother of the child does not agree to your having parental responsibility
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you are a step-father or same-sex parent
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Parental Responsibility Agreement FAQs
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What is included in a Parental Responsibility Agreement?
This Parental Responsibility Agreement template:
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allows you, as the father, to have parental responsibility along with your child's mother
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allows you to make certain decisions relating to your child (eg where your child will go to school or what medical treatment is appropriate)
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makes you responsible for providing your child with a home and stating where that should be
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makes you responsible for maintaining, protecting and disciplining your child
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doesn't mean that you have to live with the child or even have contact with them
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does not itself create any financial responsibility (however, as the father, you have financial responsibility as a matter of law)
If you are a parent of another gender or a step-parent and wish to gain parental responsibility for a child, Ask a lawyer for assistance.
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What is parental responsibility?
Parental responsibility (as defined in the Children Act 1989) means the legal rights, duties, powers, responsibilities and authority a parent has for a child. A parent with parental responsibility has the right to make decisions about a child's upbringing and care. For more information, read Parental responsibility and Parents’ rights and responsibilities.
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Why do I need a Parental Responsibility Agreement?
You need a Parental Responsibility Agreement if you are the father of a child and you don’t currently have parental responsibility but want to gain parental responsibility for your child. Obtaining parental responsibility means that you will be involved in decision-making and will be kept up to date about the child's well-being.
By entering into a Parental Responsibility Agreement you have a formal agreement in place, setting out that you, along with your child’s mother, have parental responsibility for your child.
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Is this Parental Responsibility Agreement legally binding?
A Parental Responsibility Agreement is legally binding if it is executed (ie signed, witnessed and registered) correctly. For your Parental Responsibility Agreement to be binding, you must sign it in person in front of an officer of the court (eg a Justice of the Peace, a justice’s clerk or someone else who is authorised by a judge to administer oaths). The officer of the court will then sign the Parental Responsibility Agreement as your witness.
Once signed, the Parental Responsibility Agreement must be registered with the Central Family Court. You must do this by sending two copies of the Parental Responsibility Agreement, along with your child’s birth certificate, to the Central Family Court.
The court officials will then register the Agreement, stamp both copies and return a copy to each parent. The Parental Responsibility Agreement will only be valid and binding once you have received your stamped copy from the Central Family Court.
For more information, see the Make it legal checklist.
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What is the address of the Central Family Court where I need to send the Parental Responsibility Agreement?
The address of the Central Family Court is:
First Avenue House
42-49 High Holborn
London
WC1V 6NP
Before sending the Parental Responsibility Agreement, make sure that you have the correct address.
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What rights does a parent with parental responsibility have?
The most important roles of those with parental responsibility are to provide a home for the child and to protect and maintain the child. However, some other roles include:
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deciding where a child lives
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choosing or agreeing to a child's medical treatment
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choosing and providing for the child's education
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choosing which, if any, religion a child follows
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giving consent for a child to leave the country, whether for a holiday or permanently
Parental responsibility doesn't affect the duty a parent has to maintain their child financially as all parents have this duty, irrespective of whether they have parental responsibility or not.
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Who has parental responsibility?
A child’s birth mother automatically has parental responsibility for the child.
A child’s father usually has parental responsibility if:
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he was married to the child's mother at the time of birth
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he marries the mother after the birth, or
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he registers the birth of the child together with the mother
Same-sex partners will both automatically have parental responsibility if they were married or civil partners at the time of the treatment by which the child was born (eg via donor insemination or fertility treatment). This won’t be the case if the conception was because of sexual intercourse or the biological mother’s spouse/civil partner did not consent to the conception.
For more information, read Parental responsibility.
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Who can get parental responsibility?
Biological fathers can get parental responsibility if they weren't married to a child’s mother at the time of the child's birth. Same-sex partners who weren’t married or in a civil partnership at the time of conception can also get parental responsibility. Other people connected to the child (eg step-parents) may also be able to get parental responsibility.
This can be done by entering into a Parental Responsibility Agreement (with the agreement of everyone who already has parental responsibility) or by applying for a court order for parental responsibility if those with parental responsibility (eg the mother) refuse to grant parental responsibility.
For more information, read Parental responsibility.
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What if the other parent doesn't agree to me having parental responsibility?
If parents can't reach an agreement on whether a parent should have parental responsibility, the parent can apply to the court for a court order. The court will decide if it's in the best interests of the child for the parent to have parental responsibility. If the court grants parental responsibility, it will grant a Parental Responsibility Order (PRO).
For more information on PROs, see Government’s guidance on applying for parental responsibility.
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When can a Parental Responsibility Agreement be terminated?
Once registered, a Parental Responsibility Agreement can only end in these circumstances:
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on the child's 18th birthday
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by an order of the court made on the application of any person who has parental responsibility for the child, or
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by an order of the court made on the application of the child with permission from the court
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What happens if two parents can't agree on major decisions about the child?
If parents with parental responsibility can't agree on a decision concerning the upbringing of their child, they could use family mediation. If an agreement can't be reached then either person can apply for a Specific Issue Order or a Prohibited Steps Order, although the parent doesn't need to have parental responsibility in order to do this. The court will make a decision based on what's in the best interests of the child.
For more information, read Child custody.
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