A Parental Responsibility Agreement is a formal legal document by which a mother who has parental responsibility for her child agrees to grant parental responsibility to the child's father or, in the case of a section 4A agreement, to her spouse or civil partner (the child's step-parent). In England and Wales, the concept of parental responsibility is defined in section 3(1) of the Children Act 1989 as all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and the child's property.

Parental responsibility encompasses the right and obligation to make or participate in decisions about a child's name, education, medical treatment, religion, place of residence, and international travel. It includes the right to apply for and hold a passport for the child and to receive information about the child from schools, medical practitioners, social services, and other relevant agencies.

Not every parent automatically acquires parental responsibility in England and Wales. Under section 2 of the Children Act 1989, a mother automatically has parental responsibility from birth. A father who was married to the mother at the time of the child's birth also acquires parental responsibility automatically. Since 1 December 2003, an unmarried father who is named on the child's birth certificate at the time of registration also acquires parental responsibility automatically. However, a father who is not married to the mother and who is not named on the birth certificate does not automatically acquire parental responsibility and must do so through one of the mechanisms provided by the Act.

Section 4 of the Children Act 1989 provides two routes for an unmarried father to acquire parental responsibility: by entering into a Parental Responsibility Agreement with the mother, or by obtaining a court order. A Parental Responsibility Agreement under section 4 must be in the prescribed form (Form C(PRA1)) and must be witnessed by a CAFCASS officer, court officer, or authorised solicitor, and then filed at the Principal Registry of the Family Division or a local family court to take legal effect.

Section 4A of the Act provides a similar mechanism for step-parents — persons who are the spouse or civil partner of a parent who already has parental responsibility. A step-parent may enter into a section 4A agreement with all persons who already have parental responsibility for the child, using prescribed Form C(PRA2). Once registered, the step-parent acquires parental responsibility in the same way as the child's natural parents.

A Parental Responsibility Agreement, once registered, can only be terminated by an order of the court under section 4(2A) or section 4A(3) of the Children Act 1989. The court will only make such an order if it is satisfied that it is in the best interests of the child. The agreement automatically ceases when the child reaches the age of 18.

A Parental Responsibility Agreement is needed whenever a father who does not automatically have parental responsibility under section 2 of the Children Act 1989 — or a step-parent who has none — wishes to acquire it by agreement with the child's mother (or with all existing holders of parental responsibility in the case of a step-parent).

The most common situation in which a section 4 Parental Responsibility Agreement is required is where the child's parents are not married to each other and the father was not named on the birth certificate at the time of registration. This can arise where the parents were never in a formal relationship, where the parents separated before the birth was registered, or where the child was born before 1 December 2003 (when registration of the father on the birth certificate did not itself confer parental responsibility).

A section 4 agreement is also the appropriate mechanism where a father was named on the birth certificate of a child born before 1 December 2003 and whose birth registration therefore did not confer parental responsibility on him automatically. Prior to that date, registration of the father on the birth certificate had no effect on parental responsibility.

A section 4A Parental Responsibility Agreement is required where a step-parent — a person who has married or entered into a civil partnership with a parent who has parental responsibility — wishes to acquire parental responsibility for the child of their spouse or civil partner. This might arise, for example, where a man marries a woman who has children from a previous relationship, and all the relevant parties (including the biological father if he has parental responsibility) agree that the stepfather should also acquire parental responsibility.

A Parental Responsibility Agreement is generally preferable to a court order where both parties are in agreement and there is no dispute about the acquisition of parental responsibility. It avoids the cost and formality of court proceedings and gives the father or step-parent certainty about their legal status. Where the parties cannot agree, the father or step-parent may apply to the Family Court for a parental responsibility order instead.

A Parental Responsibility Agreement for England and Wales must contain several key elements to take legal effect under the Children Act 1989 and the Parental Responsibility Agreement Regulations 1991 (as amended).

First, the agreement must be on the prescribed court form. For a section 4 agreement (father who is not married to the mother), the prescribed form is Form C(PRA1). For a section 4A agreement (step-parent), the prescribed form is Form C(PRA2). These forms are available from the courts service and from HM Courts and Tribunals Service. This document is designed to record the parties’ agreement and the terms they intend to embody in the official form.

Second, the agreement must identify all the relevant parties clearly. For a section 4 agreement, these are the mother and the father. For a section 4A agreement, these are the step-parent and all persons who currently hold parental responsibility for the child. All parties must sign the agreement and their signatures must be witnessed.

Third, the agreement must identify the child or children to whom it relates. Each child's full name and date of birth must be included, and the agreement must confirm their connection to the parties.

Fourth, both parties' signatures must be witnessed. The witness must be either a justice of the peace (magistrate), a court officer duly authorised to administer oaths (including a district judge or deputy district judge), or a solicitor who is authorised to administer oaths. A CAFCASS officer may also witness the signatures. The witness must sign the form and state their qualification.

Fifth, the signed and witnessed form must be filed at the Principal Registry of the Family Division or at a local family court. Filing is not optional — the agreement does not take effect until it is filed and registered. The court will retain a copy and return a sealed copy to each party as proof of registration.

In addition to these formal requirements, a well-prepared Parental Responsibility Agreement will address the scope of the parental responsibility being acquired, the agreed arrangements for the child's residence and contact with each party, any specific decisions that the parties have agreed in advance, and the welfare principle — confirming that both parties acknowledge the child's welfare is the paramount consideration in all decisions.