Ethics - Parental Responsibility Flashcards
Who has parental responsibility (births registered from May 4th 2006)
Births registered from 4 May 2006 in Scotland, PR rests with both parents, if they are named on the birth certificate, whether married or not.
Who has parental responsibility (births registered before May 4th 2006)
Births registered before 4 May 2006 in Scotland, father automatically has PR only if he was married to the mother. If not, he needs a Parental Responsibility Agreement/Order. A step-parent or civil partner may also obtain PR in this way.
Who has parental responsibility post-divorce?
If parents are divorced, both retain PR for the child.
What happens to parental responsibility with adoption?
PR is lost by giving the child up for adoption. When the child has been formally adopted, the adoptive parents get PR.
Who gets parental responsibility with assisted reproduction?
which Act addresses this
If child was conceived by assisted reproduction, legal parentage is addressed by the Human Fertilisation and Embryology Act 2008.
The mother who gives birth to the child has PR for the child at the time of birth (easy)
PR of a partner (of either sex) is far more complex, and may need specific legal advice
Who has parental responsibility if child is in care?
If child is the subject of a Care Order, the Local Authority has PR, shared with the parents.
If child is in care voluntarily, PR remains with the parents.
