Who’s got parental responsibility for your child

Parental responsibility

The following questions will work out who’s got parental responsibility for youyour child.

Note that this is not an authoritative decision on who has parental responsibility — there may be other people who have parental responsibility for youyour child. For more information, see our guide on parental responsibility.

Were youWas the child adopted or subject to a parental order?

no yes, Ithe child was adopted yes, another woman (the “surrogate mother”) carried and gave birth to methe child, but the court then made a parental order making two other people mythe legal parents

YourThe adoptive parents as appointed by the parental order each have birth mother has parental responsibility

Where was yourthe child’s birth originally registered?

England or Wales Scotland Northern Ireland Isle of Man Bailiwick of Jersey Bailiwick of Guernsey outside the U.K.

Where are youis the child normally resident?

England or Wales Scotland Northern Ireland Isle of Man Bailiwick of Jersey Bailiwick of Guernsey another country / territory

Was yourthe mother married to any man at the time she became pregnant with youthe child?

yes no

Note: If yourthe mother was married to a woman at this time, please answer “no”

Was yourthe mother still married (to the same person)married to any man at the time of yourthe child’s birth?

yes no

Note: If yourthe mother was married to a woman at this time, please answer “no”

Was yourthe mother’s husband (at the time she became pregnantof birth) yourthe child’s biological father?

yes no not sure

Note: If the answer is “no” but you don’t want to say, you can just answer “yes”

YourThe father has parental responsibility YourThe mother’s husband at the time she became pregnantof birth is legally presumed to be yourthe father and to have parental responsibility — however, he won’t have parental responsibility if it’s proven that he isn’t yourthe biological father

YourThe father is legally recognised as such, but he won’t have parental responsibility unless he has acquired it in some other way YourThe mother’s husband at the time she became pregnant is legally presumed to be yourthe father, but he won’t have parental responsibility unless he has acquired it in some other way — and he won’t be recognised as yourthe father if it’s proven that he isn’t yourthe biological father YourThe mother’s husband at the time she became pregnantof birth is legally presumed to be yourthe father and to have parental responsibility unless it’s proven that he isn’t yourthe biological father YourThe mother’s husband at the time of birth is legally presumed to be yourthe father and to have parental responsibility unless it’s proven that he isn’t yourthe biological father YourThe mother’s husband at the time she became pregnant is legally presumed to be yourthe father unless it’s proven that he isn’t yourthe biological father — but he won’t have parental responsibility unless he has acquired it in some other way

People who have (or may have) parental responsibilityresponsibilities and rights

yourthe surviving adoptive parents
yourthe mother
yourthe father
yourthe second female parent
the man registered as yourthe father on the original birth registration
anyone who entered into a parental responsibility agreement with yourthe parents
the local authority looking after youthe child
anyone who the court gave parental responsibility through an order
yourthe appointed guardian(s)
yourthe appointed special guardian(s)
yourthe prospective adopter(s)

Note: Once someone’s got parental responsibilityresponsibilities and rights, they can’t lose it, transfer it, or give itthem, transfer them, or give them up — even if they’ve gone to prison, or had no contact with youthe child for many years. It can only be lost if a court takes itThey can only be lost if a court takes them away.

Consent needs to be sought forYou need to get consent to your child’s change of name according to the law of the country (or countries) which you arethe child is a national of

As you areyour child isn’t a British national, we cannot work out who needs to give consent to your child’s change of name.

Even if you liveyour child lives in the U.K., the question of whether your child’s name can and should be changed needs to be resolved according to the law of the country (or countries) which you’rethey’re a national of.

In the U.K., important decisions about youa child can only be taken by those who have “parental responsibility” for youthe child. In other countries, “parental responsibility” might not exist as a concept, but the law may talk about “custody”, “guardianship”, “residence”, and “parental rights” — which are things which are included in the concept of “parental responsibility” in the U.K.

Usually, yourthe child’s mother and father should both give their consent, as well as any legal guardian of the child, and anyone who has custody of youthe child. However, if you’re in any doubt about who should give consent, you should seek the advice of a solicitor.

You must try to make contact first, and ask for consentconsult them

It’s unlawful for your name to be changedto change your child’s name without consent from everyone with parental responsibility — even if they haven’t had any contact with youyour child for several yearsconsulting with everyone with parental responsibilities and rights — as far as practical — and taking their views into account.

There are a number of ways you can get in touch with someone again.

If you still can’t find them, you’ll need to apply for a court order (or wait until you areyour child is 16 so they can change their own name).

Find out more about your options If all practical steps have been takenyou’ve taken all practical steps to get in touch with them, but you haven’t been able to — your name can be changedyou can change your child’s name without their consent.

You cannot change your child’s name without consent

It’s unlawful to change your child’s name without consent from everyone with parental responsibility.

If you want to change their name regardless, you’ll need to apply for a court order (or wait until you areyour child is 16 so they can change their own name).

Find out more about your options

You cannot change your child’s name without consent

Your child’s name is subject to the law of the country (or countries) which they’re a national of. You must get the necessary consent to change your child’s name from yourthe parents / guardians who need to give consent according to the law of that country.

If you want to change their name regardless, you’ll need to follow the relevant procedures in the country which you areyour child is a national of, which may mean starting court proceedings in that country. You cannot normally start proceedings in the U.K. Alternatively, you can wait until you areyour child is legally an adult, so they can change their own name.