Who has parental responsibility for a newborn baby?

Usually, parents are in charge of all-important decisions regarding their baby - this is called parental responsibility. Being a parent doesn't always mean that you have a legal right to be a decision maker because the law doesn't give parental responsibility to all parents. Mothers have parental responsibility. However fathers will only have parental responsibility if:

• they were married to the mother when she became pregnant, or
• they are married to the mother when the baby is born, or
• the mother gives them parental responsibility by legal agreement

If a father does not have parental responsibility in law, then it is up to the mother to decide how much he is involved in decision-making and information sharing. It is not up to the staff of the neonatal unit to make these decisions.

Babies have the same rights as all other people and everybody involved in looking after a baby has a duty to do what is best for him.

A court can take away parental responsibility from any parent if they are not acting in the best interests of their baby. A court can then give parental responsibility to another person if this is thought to be in the best interests of the baby.