On Monday 19 May 2025 at 5.43am, the famous Lindo Wing at St Mary’s Hospital in London saw another momentous birth. This time it wasn’t a royal, but none other than Mummy and Daddy Pig’s third piglet and the sibling of Peppa Pig and George Pig, who has been named Evie.
But who bears responsibility for Evie and who will make the important decisions relating to her? McAlister Family Law’s Hannah Barlow and Agata Napora look at parental responsibility, during pregnancy and after birth.
As Evie’s birth mother, Mummy Pig automatically has parental responsibility for Evie. As Mummy Pig was married to Daddy Pig at the time of Evie’s birth, this also means that Daddy Pig automatically has parental responsibility for Evie. But what is parental responsibility?
What is parental responsibility?
Parental responsibility is defined by the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and [their] property”.
In practical terms, parental responsibility means the power to make important decisions in relation to a child, including decisions relating to a child’s education and where they go to school, changing their name, determining their religion, consenting to medical treatment such as vaccinations and consenting to them leaving the country whether for a holiday or an extended period of time.
Rights During Pregnancy
Under UK law, fathers have no legal rights over the pregnant person’s medical care or decisions during pregnancy. That includes choices about antenatal care, delivery plans, and even decisions relating to the continuation of the pregnancy. The mother retains full legal autonomy over her body throughout pregnancy and therefore while Daddy Pig could have been involved emotionally and practically, his input would not be legally binding.
Who has parental responsibility?
As above, a mother automatically has parental responsibility for their child by virtue of being their birth mother.
Fathers who are married to or in a civil partnership with the mother at the time of the child’s birth also automatically have parental responsibility, and this would not be lost if they divorce or the civil partnership is dissolved.
Fathers who are not married to the mother but registered on the child’s birth certificate also have parental responsibility, but the registration must have taken place on or after 1 December 2003.
Furthermore, civil partners and same-sex partners of the birth mother who are registered as the child’s legal parent on the birth certificate have parental responsibility. However, when the birth mother is married or in a civil partnership with another woman, they will not have parental responsibility for the child if the partner did not consent to the pregnancy or conception resulted from sexual intercourse.
Can you acquire parental responsibility?
If a parent does not have parental responsibility, there are ways in which they can acquire it, the most common of which are as follows:
- Get a Parental Responsibility Agreement – A Parental Responsibility Agreement is an agreement made between the mother and the father to allow the father to have parental responsibility. Both parents will have to agree to this and the agreement will need to be signed by both parties for it to take effect.
- Apply to the Court for an Order for parental responsibility – A Parental Responsibility Order is an order under the Children Act 1989 that fathers can apply for if the father does not have parental responsibility and the mother refuses to sign a Parental Responsibility Agreement. The Court will consider a number of factors when determining whether an Order should be granted, including the father’s degree of commitment to the child, the father’s relationship with the child and the basis for the making the application.
- Being named as the parent the child ‘Lives With’ in a Child Arrangements Order – If parties are engaged in Children Act Proceedings and the Court grants a’ Lives With’ Child Arrangements Order in favour of one or both parents, this would also provide them with parental responsibility.
Can Parental Responsibility be removed?
Parental responsibility can be removed, but only by the Court and only in exceptional circumstances. The removal of parental responsibility usually only happens if a child is adopted or the father’s behaviour warrants the removal, although this is rare and the Court will only do this is they deem it to be in the child’s best interests.
The Court also has the power to limit a parent’s parental responsibility and restrict how it is exercised, but the Court will again only do this if they believe it is necessary.
If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at [email protected].
