Notes / Family / Parental Rights and Responsibility for Children: Parents and Guardians / 5B Acquisition of parental responsibility by second female parent

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5B Acquisition of parental responsibility by second female parent

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A second female parent who comes within 3 Parental responsibility for children, para 1A(a) above, automatically has parental responsibility. A second female parent within para 1A(b) may acquire parental responsibility in the same way as a father, i.e., if (Children Act 1989, s.4ZA)–

(a) she becomes registered as a parent under the Births and Deaths Registration Act 1953 (or the Registration of Births, Deaths and Marriages (Scotland) Act 1965);

(b) she and the child’s mother make an agreement (a parental responsibility agreement) providing for her to have parental responsibility for the child; or

(c) the court, on her application, orders that she have parental responsibility for the child.

As with fathers, no parental responsibility agreement will have effect for the purposes of the Act unless it is made in the prescribed form (currently contained in the Parental Responsibility Agreement Regulations 1991, as amended) and recorded by filing it, with two copies, in the Principal Registry of the Family Division of the High Court (s.4ZA(4)).

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