Parental rights and responsibilities
Who has parental responsibility
You automatically have parental responsibility if you give birth to the child (known as the birth mother).
If you’re a father or second female parent, you might have automatic parental responsibility depending on your circumstances.
If you have married or formed a civil partnership with the birth mother
You’ll usually have automatic parental responsibility if you’re married to or in a civil partnership with the birth mother when the child is born.
The child’s biological father will automatically get parental responsibility if they marry or enter a civil partnership with the child’s birth mother after the child is born.
If your child is conceived through fertility treatment
You’ll have automatic parental responsibility if both:
- you’ve married or formed a civil partnership with the birth mother
- you consented to the treatment taking place
If you have not married or formed a civil partnership with the birth mother
If you have not married or formed a civil partnership with the birth mother, you can get parental responsibility for your child by jointly registering the birth with the mother.
There are different rules for registering a birth for same-sex couples.
If you do not register the birth together, you can apply for parental responsibility.
If your child is conceived through fertility treatment
You and the birth mother might also need to sign a consent form at a UK licensed fertility clinic if you’ve used donated sperm.
If a child is born through surrogacy
If a child is born through surrogacy, the surrogate mother who gives birth to the child will have parental responsibility. You can apply for legal parenthood to be transferred.
Step parents
Step parents do not automatically get parental responsibility for children, even if they’re married to a child’s parent. You can apply for parental responsibility.