Can people other than parents acquire parental responsibility?

Parental responsibility is not automatically granted to people who are not parents, even if in reality, they care for and are responsible for the child on a day to day basis. There are several ways that a person who is not the child’s parent may obtain parental responsibility for the child:

• by being appointed as a guardian to care for the child if those with parental responsibility for the child have died;
• by obtaining a residence order from the court which requires that the child lives with that person;
• by becoming the child’s special guardian; or
• by adopting the child.

A step-parent may make an agreement to obtain parental responsibility for his or her step-child providing all those with parental responsibility agree. This is similar to the parental responsibility agreement and it will not take parental responsibility away from those who already have it. The form required is called a C(PRA2) and can be obtained at local county courts, family proceedings courts or at www.hmcourts-service.gov.uk.

Same-sex couples joined through Civil Partnership will also be able to obtain parental responsibility in this way.

Local authorities will be given parental responsibility if the child is under a care order.

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