Parental responsibility is the term given to the responsibilities and duties as well as the authority, powers and rights a parent has by law in respect of their child. This gives a person a right to make decisions on the child’s life and welfare, such as schooling, diet, religion or where the child should live.
In same-sex adoption, sperm donation and surrogacy cases, it is important to be clear about who the legal parents of the child are in the eyes of the law. In adoption cases, same-sex couples will obtain parental responsibility following the grant of the adoption order, and it extinguishes the parental responsibility of those who had it previous to this. In surrogacy cases, same-sex couples can regularise their parentage through application for a parental order by the court. This application must be made within six months of the birth of the child in surrogacy cases, except in special circumstances. A female may also apply for parental responsibility or a child arrangements order in respect of a child by agreement of the mother, where her partner is a mother as a result of a sperm donation. She can also acquire parental responsibility by way of registration on the birth certificate. A child can only have two parents, however, so the natural mother will have to consider carefully who she should choose as the second parent.
It is highly advisable for couples planning surrogacy, sperm donation or adoption to seek legal advice as soon as possible to avoid difficulties down the line. Such difficulties can be both stressful and costly – we suggest you speak with one of our expert family lawyers for an initial consultation before you start the process. We can advise you fully on what to expect from a legal perspective; explain fully your options now and further down the line, and we can highlight any potential issues that may arise so you are able to make an informed decision.
Parental Responsibility Legal Advice Hampshire, Wiltshire & Surrey
We are a down to earth firm of family law experts, with a friendly, human approach to legal services. We provide fair and workable solutions that put families first, with a particular focus on child law, we advise on all areas of family law, including financial disputes, prenuptials, divorce, separation and dissolution of civil partnerships. We also represent at Children’s Panels and are accredited members of the Law Society Children’s Panel and Resolution.
For guidance and representation on your family issues, speak to one of our team. Child Law Partnership have offices in Guildford, Basingstoke, Southampton and Salisbury helping families across Hampshire, Surrey, Wiltshire, Reading and the surrounding areas. We offer a fixed fee initial appointment where you can receive full advice with a follow up in writing in order that you can consider your options. Give us a call on 01256630080 or complete our enquiry form.
Child Law Partnership have offices in Basingstoke, Guilford, Southampton and Salisbury serving clients across Hampshire, Surrey and Wiltshire.