Child Law
Expert Parental Responsibility Solicitors
Understanding who has parental responsibility of a child and how to acquire it if you are not biologically the parents of the child can be overwhelming and difficult to understand. The solicitors at Grant Stephens Family Law can expertly guide you, ensuring that the welfare and the future of you and the children involved are protected.

Having parental responsibility doesn’t necessarily mean you are a biological mother or father to the child. In many cases, and for a variety of reasons, parental responsibility is given to other family members or friends, providing them with the legal right, duty, responsibility and authority to look after the child.
Grant Stephens Family Law is committed to helping you experience a happy family life by putting the welfare and happiness of your children first. Our solicitors are highly trained and ready to support you in any situation you may be experiencing and can offer you advice or expertise when it comes to parental responsibility.
Your local Parent Responsibility solicitors
Grant Stephens Family Law’s offices are located in central Cardiff and the SA1 Waterfront area of Swansea. The firm boasts a team of 15, with some of the leading family law solicitors in Wales who are ready to assist you throughout your parental responsibility matter.
What makes us different?
Grant Stephens Family Law is a specialist family law firm, with expertise in all areas of family law. We are proud to have been recognised as a ‘Top Tier Firm’ by the legal 500 in both 2025 and 2026, highlighting our expertise, experience and excellent client care.
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Who has parental responsibility?
Biological mothers
Biological mothers automatically have parental responsibility from the point of giving birth
Biological fathers
Biological fathers will automatically be given parental responsibility if they are married to the biological mother of the child at the point of the mother giving birth
Unmarried biological fathers
If the biological father of the child is not married to the biological mother of the child at the point that the child is born, they are not automatically provided with parental responsibility and will need to take steps to acquire parental responsibility.
How do you obtain parental responsibility?
There are several ways to obtain parental responsibility if you are not automatically provided it.
Being named on the birth certificate
This is applicable for biological fathers of the child who are not married to the biological mother of the child at the point in which the child is born.
If the biological father’s name is added to the birth certificate by consent of the biological mother, then they will be granted parental responsibility.
However, there is no requirement for the biological mother to do this.
Parental responsibility agreement
The biological father and mother of the child can freely enter into a parental responsibility agreement.
Court order
The biological father can apply through the family courts for a parental responsibility order to gain parental responsibility for a child.
Can one parent make a decision for their child on their own?
If there is more than one person with parental responsibility, then they must all agree on decisions regarding the child/ children.
Everyone with parental responsibility for the child is entitled to contribute to decisions such as:
- Education – where and how.
- Medical procedures and treatment
- Travel and holidays
- Representation of the child in legal proceedings
- Changing the names of the child
- Whether the child will be brought up religiously
LGBTQ+ Parents and Parental Responsibility
The Human fertilisation and embryology act 2008 allows unmarried same-sex couples to acquire parental responsibility by registration on the child’s birth certificate.
Female same sex couples
When a female same sex couple are married or in a civil partnership, both partners will automatically have parental responsibility for the child.
If the couple are not married or in a civil partnership and undergo fertility treatment to conceive the child, the birth mother can nominate their partner as a ‘parent’ of the child and can be registered on the birth certificate, giving them parental responsibility.
Male same sex couples
If a male same sex couple has a child via surrogacy, then the women who carried the child would be regarded as the legal mother and her spouse would be the second legal father. In order to gain parental responsibility, the male same sex couple would need to gain the consent of the surrogate and then make an application to the court for a Parental Order.
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Frequently Asked Questions
Can step-parents gain parental responsibility?
Yes. Step-parents can gain parental responsibility for a child. They can do this through entering a parental responsibility agreement, getting a parental responsibility order or through a live with child arrangements order.
Do biological fathers have parental responsibility?
If the biological father of the child was married to the mother of the child when the child was born, then the biological father is automatically given parental responsibility. If the biological mother and father were unmarried when the child was born, the father can gain parental responsibility by being added to the birth certificate by consent of the mother. If this was not done, the father can gain parental responsibility by coming to a parental responsibility agreement with the mother, or applying to court for a parental responsibility order.
Do biological mothers automatically have parental responsibility?
Yes. Biological mothers are automatically given parental responsibility of the child.
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