Children Act 1989, section 2

Parental responsibility for children

Part I Introductory

(1)Where a child’s father and mother were married to [F4, or civil partners of,F4] each other at the time of his birth, they shall each have parental responsibility for the child.

[F5 (1A)Where a child—

(a)has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or

(b)has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

the child's mother and the other parent shall each have parental responsibility for the child.

(2)Where a child’s father and mother were not married to [F6 , or civil partners of,F6] each other at the time of his birth—

(a)the mother shall have parental responsibility for the child;

(b)the father [F7 shall have parental responsibility for the child if he has acquired it (and has not ceased to have it)F7] in accordance with the provisions of this Act.F5]

[F8 (2A)Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—

(a)the mother shall have parental responsibility for the child;

(b)the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.F8]

(3)M1References in this Act to a child whose father and mother were, or (as the case may be) were not, married to [F9, or civil partners of,F9] each other at the time of his birth must be read with section 1 of the Family Law Reform Act 1987 (which extends their meaning).

(4)The rule of law that a father is the natural guardian of his legitimate child is abolished.

Definitions used in section 2 3

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act

Cases considering section 2 52

Williams and another v London Borough of Hackney

[2018] UKSC 37 · 18 July 2018Interprets

Parental responsibility cannot be surrendered or transferred, but a parent may arrange for another person to meet some or all of it on the parent’s behalf. Section 20 accommodation may operate through such a temporary delegation. (see paras [18]; [38]-[41])

J (Loss of Parental Responsibility), Re

[2026] EWCA Civ 344 · 20 March 2026Interprets

The court construed the references to a child’s father as retaining the common-law meaning of genetic or biological father. A non-genetic social or psychological father cannot obtain parental responsibility through this provision. (see paras [25]; [79]-[80])

Re A (Parental Responsibility)

[2023] EWCA Civ 689 · 16 June 2023Interprets

Parental responsibility acquired because the parents were married or civil partners cannot be revoked under the Act. That permanence forms part of a justified statutory scheme (see paras [5]-[8]; [88]-[101]). The provisions determine which mothers, fathers and second female parents acquire parental responsibility automatically and which must acquire it through other provisions of the Act (see paras [5]-[8]).

32 more judgments, and what each says about section 2, are in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F4Words in s. 2(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)
  2. F5S. 2(1A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 26(2); S.I. 2009/479, art. 6(1)(e)
  3. F6Words in s. 2(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)
  4. F7Words in s. 2(2) substituted (1.12.2003) by 2002 c. 38, ss. 111(5), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)
  5. F8S. 2(2A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 26(3); S.I. 2009/479, art. 6(1)(e)
  6. F9Words in s. 2(3) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)

Commencement

  1. I2S. 2 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M11987 c. 42.