How to Make a Parental Responsibility Agreement in England and Wales

What does parental responsibility give you?

Parental responsibility means the legal rights, duties, powers and responsibilities a parent has in relation to a child and the child's property.

It can include responsibility for important decisions about the child's upbringing, such as:

• providing and protecting the child's home;
• education;
• medical treatment;
• the child's name and changes of name; and
• looking after the child's property.

More than one person can have parental responsibility for the same child. Giving parental responsibility to another person does not normally remove it from someone who already has it.

Who can make a parental responsibility agreement?

The agreement procedure is available to specific people connected to a child where the legally required parties consent.

The relevant HMCTS forms are:

• C(PRA1) for a biological father;
• C(PRA2) for a step-parent who is married to or in a civil partnership with a parent; and
• C(PRA3) for a second female parent who qualifies under the Children Act 1989.

The procedure in this guide is for England and Wales. Scotland has different parental-rights rules.

Does a father always need a parental responsibility agreement?

No. A father may already have parental responsibility depending on the circumstances.

GOV.UK states that a biological father will usually have automatic parental responsibility if he was married to or in a civil partnership with the birth mother when the child was born. A biological father can also acquire parental responsibility by later marrying or entering a civil partnership with the mother.

For children whose birth was jointly registered in the relevant circumstances, the father may also already have parental responsibility. If you are registering a new birth rather than making a later agreement, see the Helpydo procedure on registering a baby's birth in the United Kingdom.

Does a second female parent always need an agreement?

No. A second female parent can have parental responsibility automatically in certain circumstances, including where she was married to or in a civil partnership with the birth mother and the legal parenthood conditions for fertility treatment were met.

If automatic parental responsibility does not apply but the statutory conditions for second female parenthood are met, form C(PRA3) can be used where the mother agrees.

Can a step-parent get parental responsibility by agreement?

Yes. A step-parent does not automatically gain parental responsibility merely because they marry or form a civil partnership with a child's parent.

Form C(PRA2) is the prescribed step-parent agreement. HMCTS states that both living parents with parental responsibility must agree where both have it. The form itself also allows for the situation where only one parent has parental responsibility.

The step-parent must be the spouse or civil partner of a parent of the child.

Which form should you complete?

C(PRA1) for a biological father

Use C(PRA1) where the child's biological father does not already have parental responsibility and the mother agrees that he should acquire it.

The Children Act 1989 recognises a parental responsibility agreement between the mother and father as a statutory way for the father to acquire parental responsibility.

C(PRA2) for a step-parent

Use C(PRA2) where a step-parent who is married to or in a civil partnership with a parent is to acquire parental responsibility by agreement with the relevant parent or parents who already have it.

C(PRA3) for a second female parent

Use C(PRA3) for an eligible second female parent acquiring parental responsibility by agreement with the child's mother under section 4ZA of the Children Act 1989.

Do you need a separate form for each child?

Yes. The HMCTS notes require one agreement form for each child.

If you want parental responsibility for two or more children, complete a separate C(PRA1), C(PRA2) or C(PRA3), as applicable, for each child.

What documents are needed for form C(PRA1)?

For a C(PRA1) agreement, do not sign the form before attending court.

The mother must bring the child's full birth certificate to prove she is the child's mother. Both the mother and father must also bring evidence of identity showing a photograph and signature, such as a passport, photocard or official pass.

The child's birth certificate alone is not sufficient proof of the mother's identity.

What documents are needed for form C(PRA2)?

For a step-parent agreement, the parent or parents signing must prove that they have parental responsibility. HMCTS gives examples including:

• the child's full birth certificate together with a marriage or civil partnership certificate where relevant;
• a court order granting parental responsibility;
• a previously registered parental responsibility agreement; or
• where the applicable registration rules are satisfied, the child's full birth certificate showing joint birth registration.

The step-parent must prove that they are married to or in a civil partnership with a parent of the child, so they should bring the relevant marriage or civil partnership certificate.

Everyone signing must also bring photographic identification showing a signature.

Where do you sign the parental responsibility agreement?

Complete the form first, but do not sign it in advance.

Take the agreement to a local family court or the Central Family Court. The signatures must be witnessed by an authorised person such as:

• a justice of the peace;
• a justices' clerk;
• an assistant to a justices' clerk; or
• a court officer authorised by a judge to administer oaths.

HMCTS specifically states that a solicitor cannot witness the signature for this agreement procedure.

How do you register the completed agreement?

After the signatures have been witnessed, make sufficient copies of the agreement for the people who signed it.

Send the original agreement, sufficient copies and copies of the relevant original certificates, such as birth, marriage, name-deed or death certificates where applicable, to:

Central Family Court
First Avenue House
42-49 High Holborn
London
WC1V 6NP

The court records the agreement and keeps the original. Sealed copies are returned to the relevant people.

When does the agreement take effect?

The agreement does not take effect until it has been received and recorded by the Central Family Court.

Simply completing or signing the form is therefore not enough. The recording step is part of the statutory process.

Can you make a parental responsibility agreement online?

No. The official forms can be downloaded online, but the statutory procedure is not fully online.

The signatures must be witnessed through the family court process and the completed agreement must then be sent to the Central Family Court for recording.

How much does a parental responsibility agreement cost?

The current HMCTS parental responsibility agreement forms and GOV.UK agreement procedure do not list an application fee for making and recording C(PRA1), C(PRA2) or C(PRA3).

This should not be confused with a contested or separate application for a parental responsibility court order. GOV.UK lists the current fee for that application as £270.

What if the required parties do not agree?

A parental responsibility agreement is a consensual procedure. If the person or people whose agreement is required will not consent, you cannot use the agreement form to bypass that refusal.

An eligible person may instead be able to apply to the family court for a parental responsibility order. That is a separate court procedure and is outside the scope of this agreement guide.

Should you get legal advice before signing?

HMCTS advises the parties to consider legal advice because a parental responsibility agreement changes their legal position in relation to the child.

This is especially important where there is uncertainty about who already has parental responsibility, where a parent has died, where there are existing court orders or where the family has connections with another jurisdiction.

How long does parental responsibility acquired by agreement last?

The HMCTS form notes state that once a parental responsibility agreement has been made, it can end by:

• a court order made on the application of a person who has parental responsibility;
• a court order made on the child's application with the court's permission; or
• the child reaching 18 years old.

It does not automatically end just because the adults separate or their relationship changes.

Does parental responsibility guarantee contact with the child?

No. GOV.UK states that having parental responsibility does not itself create a right to spend time with a child.

Parental responsibility concerns legal responsibility and participation in important decisions about the child's life. Contact and living arrangements are separate family-law issues.

Common mistakes to avoid

• Using C(PRA1) when the applicant is actually a step-parent or second female parent.
• Failing to check whether the person already has parental responsibility automatically.
• Putting more than one child on the same agreement instead of completing a separate form for each child.
• Signing the form before attending the family court.
• Taking only the child's birth certificate and forgetting separate photographic identification.
• For a step-parent agreement, failing to bring evidence that the existing parent or parents have parental responsibility.
• Asking a solicitor to witness the agreement when HMCTS requires an authorised court witness.
• Assuming the signed form has legal effect before it is recorded by the Central Family Court.
• Trying to use the agreement procedure where a required party does not consent.

What should you check before going to court?

Confirm first whether parental responsibility is already held automatically. If an agreement is still needed, use the correct form and complete one form per child without signing it.

Bring the child's full birth certificate and the identity and relationship documents required for your specific form. Make sure every person whose consent is required is willing to sign. After the signatures are witnessed, send the original and required copies to the Central Family Court so the agreement can be formally recorded.