Automatic Restrictions on Parental Responsibility

Automatic Restrictions on Parental Responsibility

Parental responsibility sits at the heart of family law in England and Wales, shaping who can make decisions about a child’s upbringing, education, and medical treatment. Parliament has passed two separate sets of provisions that would automatically restrict parental responsibility following certain serious criminal convictions. As at 24 August 2026 neither set is yet in force. This page explains what those provisions say, who they would affect, and — just as importantly — what the family court can already do today.

Law stated as at 24 August 2026. Commencement dates for the provisions described below are set by regulations and can change, so please check the official sources linked in this page or contact us for tailored advice about your own situation.

Key points at a glance

• In England and Wales, the woman who gives birth to a child automatically has parental responsibility from the moment of birth. Her parental responsibility can only be ended by adoption or a parental order, although how any parent exercises parental responsibility can be limited by the family court.
• Two sets of automatic restrictions are on the statute book. Neither is in force as at 21 August 2026:
  • Jade’s Law — section 18 of the Victims and Prisoners Act 2024. It applies where a parent is convicted of the murder of the child’s other parent, or of manslaughter in circumstances where, but for loss of control or diminished responsibility, they would have been liable to be convicted of murder.
  • Sections 3 to 5 of the Victims and Courts Act 2026, which received Royal Assent on 29 April 2026. These cover a life sentence or a sentence of four years or more for a serious sexual offence committed against a child, and cases where the Crown Court is satisfied that a child was conceived as a result of rape.
• A restriction is not the same as removal. The offending parent stays a legal parent and keeps parental responsibility, but a prohibited steps order made by the Crown Court at sentencing means they cannot take any step in meeting that responsibility without the consent of the High Court or the family court.
• You do not need to wait for these provisions to commence. The family court already has wide powers to restrict how parental responsibility is exercised, and in limited circumstances to end it, where this is necessary for a child’s welfare.
• Child maintenance is unaffected. The duty to support a child financially is separate from parental responsibility and continues even where parental responsibility is restricted or ended.

Parental responsibility in England and Wales: who has it and how it is acquired  

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 their property. It is the legal framework that determines who can make decisions about a child’s life.

The woman who gives birth to the child automatically acquires parental responsibility as soon as the child is born, regardless of marital status. This applies across England and Wales.

A father or second female parent automatically has parental responsibility if they are married to, or in a civil partnership with, the mother at the time the child is born.

Since 1 December 2003, an unmarried father also acquires parental responsibility by jointly registering the birth with the mother, so that he is named on the birth certificate. An unmarried father who is not named on the birth certificate does not have parental responsibility automatically.

Other people — including step-parents, a second female parent who is not in a civil partnership with the mother, and intended parents in surrogacy — do not acquire parental responsibility automatically. They can obtain it through:

• a parental responsibility agreement (sometimes called a PR agreement), recorded on the prescribed form and registered with the court;
• being named in a child arrangements order as a person with whom the child is to live;
• a parental order following surrogacy;
• adoption; or
• a step-parent parental responsibility agreement or order, where the step-parent is married to or in a civil partnership with a parent who has parental responsibility.

A father who does not have parental responsibility can apply to the family court for a parental responsibility order. Applications are decided by the family court with the child’s welfare as the paramount consideration.

Parental responsibility cannot be surrendered or transferred, although a person who has it may arrange for some or all of it to be met by someone else acting on their behalf — for example a grandparent or a school. It ends automatically when the child turns 18.

How parental responsibility can be restricted or ended

Once acquired, parental responsibility rarely ends. However, it can either be brought to an end (terminated or discharged) or restricted (limited in how it can be used), usually by orders of the family court.

A mother loses parental responsibility only if the child is adopted or through a parental order (for example after surrogacy). The same is true of a father who was married to the mother when the child was born — his parental responsibility cannot be ended by a court order. Where parental responsibility was acquired by an unmarried father or a step-parent, whether by agreement, by court order or by joint birth registration, the family court can in limited cases bring it to an end on application. Those cases are rare and are decided on the child’s welfare.

In practical terms, the family court more often restricts how parental responsibility is exercised — for example by a prohibited steps order or specific issue order — rather than removing it altogether. Removal is treated as a measure of last resort.

Parental responsibility ends when a child turns 18. A prohibited steps order made at sentencing under the new provisions is expressed to have effect until it is varied or discharged by the High Court or the family court.

Automatic restrictions do not replace family court scrutiny, but the review arrangements differ between the two schemes. Under Jade’s Law the local authority must apply to the family court to review the order in every case. Under the Victims and Courts Act 2026 provisions, a review application is required only if the offender is later acquitted on appeal or the sentence is reduced below the qualifying threshold.

The two automatic restriction schemes in detail

Parliament has legislated for two situations in which a parent’s criminal conviction will automatically limit their ability to exercise parental responsibility: homicide of the child’s other parent, and serious sexual offending. Both work in the same way — the Crown Court makes a prohibited steps order at the point of sentencing, and the family court retains the final say.

Jade’s Law — Victims and Prisoners Act 2024, section 18

• Jade’s Law is contained in section 18 of the Victims and Prisoners Act 2024, which inserts new sections 10A and 10B into the Children Act 1989. It applies where a parent who has parental responsibility is convicted of the murder of the child’s other parent, or of the manslaughter of that parent in circumstances where, but for loss of control or diminished responsibility, they would have been liable to be convicted of murder. It does not extend to every manslaughter conviction.
• When sentencing, the Crown Court must make a prohibited steps order stating that no step of any kind which could be taken by a parent in meeting parental responsibility may be taken by the offender in respect of the child without the consent of the High Court or the family court. The order has effect until varied or discharged by one of those courts.
• The Crown Court must not make the order where making it is prohibited because the child is placed or being placed for adoption, where a prohibited steps order in the same terms is already in force, or — in manslaughter cases only — where it would not be in the interests of justice.
• The relevant local authority must then apply to the family court to review the order, as soon as reasonably practicable and in any event within 14 days of the order being made. A further review application is required if the offender is later acquitted on appeal.

The UK Government has indicated that the Jade’s Law provisions are expected to be commenced by the end of December 2026, but section 18 remains prospective and is not yet in force. Until commencement, families still need to apply to the family court for protective orders. Please treat any commencement date as provisional until regulations are made.

Victims and Courts Act 2026 — sections 3 to 5

The Victims and Courts Act 2026 introduces further automatic restrictions by inserting new sections 10C to 10G into the Children Act 1989. The Act received Royal Assent on 29 April 2026, but sections 3 to 5 were not in force at Royal Assent and are to be commenced by regulations:

• Where a parent is sentenced to a life sentence, or to imprisonment or detention of four years or more, for a serious sexual offence committed against a child, the Crown Court must make a prohibited steps order restricting that person’s parental responsibility in respect of each child for whom they have parental responsibility. The qualifying offences are listed in a new Schedule ZA1 to the Children Act 1989.
• Where a child is conceived as a result of rape and the offending parent is convicted, the Crown Court must make a prohibited steps order if it is satisfied that a child for whom the offender has parental responsibility was conceived as a result of the rape.
• Where the Crown Court considers that a child may have been conceived as a result of the rape but is not satisfied that this is so, it must notify the local authority within 30 days. The local authority must then make enquiries, within six months of that notification, into whether the victim (or, if the victim has died, another person with parental responsibility) consents to an application being made to the family court. If consent is given, the application must be made within a further 30 days.
• As with Jade’s Law, the Crown Court must not make the order where the child is placed or being placed for adoption, where an equivalent order is already in force, or where it would not be in the interests of justice.

These automatic restrictions relate to the exercise of parental responsibility, not to legal parenthood itself. Other holders — such as the non-offending parent, a child’s guardian, or a local authority with a care order — remain responsible for day-to-day decisions about the child’s upbringing.

The exact commencement dates and detailed guidance may change. Readers should check up-to-date official sources. The current text and commencement position for both Acts is published on gov.uk.

Where a child may have been conceived as a result of rape

One of the most discussed reforms concerns children conceived as a result of rape. The provisions distinguish between cases where the Crown Court is satisfied a child was conceived as a result of the rape, and cases where it considers that this may be so.

Where the court is satisfied that a child for whom the offender has parental responsibility was conceived as a result of the rape, it must make a prohibited steps order when sentencing. That order prevents the offender taking any step in meeting parental responsibility without the consent of the High Court or the family court.

Where the court considers a child may have been conceived as a result of the rape, a different route applies. The Crown Court must notify the relevant local authority within 30 days. The local authority must make enquiries within six months into whether the victim consents to an application being made, and if consent is given must apply to the family court within 30 days. The six-month period applies to those enquiries; it is not a general deadline for reviewing every automatic restriction.

At the time of writing, these provisions are not in force. Supporting court rules and practice directions may follow before commencement.

These reforms are aimed at reducing the burden on the non-offending parent or carer to start family court proceedings in order to restrict an offending parent’s involvement. Where an order is in place, schools, GP surgeries and other agencies also have a clear written record of who can give valid consent.

Restriction compared with losing parental responsibility altogether

Being restricted is different from losing parental responsibility. Where parental responsibility is restricted, the parent still holds it in law, but cannot exercise it without the permission of the High Court or the family court, until the order is varied or discharged.

• Decisions that a restriction typically affects include:
  • choosing or changing the child’s school;
  • consenting to non-emergency medical treatment;
  • applying for a passport or taking the child abroad;
  • access to information about the child, such as school or medical records, depending on the wording of the order.

By contrast, to end parental responsibility means that the person no longer has any legal say under the Children Act 1989 in decisions about the child.

Ending parental responsibility remains rare. The family court will normally only do so where there has been very serious abuse or long-term harmful behaviour, or where it is plainly inconsistent with the child’s welfare for that person’s parental responsibility to continue.

A mother’s parental responsibility can only be ended through adoption or a parental order (for example after surrogacy). Restriction of how it is exercised is therefore the only route available in her case.

Special situations: fertility treatment, surrogacy and civil partnership

The way parental responsibility is acquired can differ where a child is conceived through fertility treatment or born through surrogacy. Once parental responsibility exists, automatic restrictions will apply to these parents in the same way as to any other legal parent.

• Where a child is conceived through fertility treatment at a UK-licensed clinic:
  • The woman who carries and gives birth to the child is the legal mother, whether or not she is the genetic mother, and she has parental responsibility automatically when the child is born.
  • A spouse, civil partner, or agreed female parent can become the child’s second legal parent where the statutory conditions are met — which usually depends on marriage or civil partnership at the time of treatment, or on the correct consent forms having been signed and held by the licensed clinic before treatment.
  • Where donated sperm is used, legal parenthood and parental responsibility depend on the consent paperwork and clinic registration rather than genetics alone. A donor who donates through a licensed clinic is generally not the child’s legal parent and has no parental responsibility.
• In surrogacy in England and Wales:
  • The surrogate is the child’s legal mother at birth and automatically holds parental responsibility, regardless of genetic connection.
  • The intended parents must usually apply for a parental order after the child’s birth to become the legal parents and acquire parental responsibility.
  • Once a parental order or adoption order is made, the surrogate’s parental responsibility comes to an end.

If any of these parents are later convicted of relevant serious offences, automatic restrictions under Jade’s Law or the Victims and Courts Act 2026 will apply in the same way once those provisions are in force. A parent’s current relationship status, or how involved they have been in the child’s life, does not change how the statutory restrictions operate once parental responsibility has been acquired.

Practical impact on day-to-day decisions

Many day-to-day decisions can usually be taken by the parent caring for the child at the time. However, a restriction changes which significant decisions a restricted parent can take part in. Parental responsibility does not by itself give a right to spend time with a child — that is dealt with separately, usually by a child arrangements order.

Decisions that normally need the involvement or consent of everyone with parental responsibility, unless restricted, include:

• changing the child’s surname;
• moving the child abroad to live permanently;
• non-emergency surgery or long-term medical treatment;
• choice of school and removal from a school roll.

Where an automatic restriction applies, the order will be in wide terms: no step of any kind that a parent could take in meeting parental responsibility may be taken without the consent of the High Court or the family court. That position continues until the order is varied or discharged.

Automatic restrictions do not remove the duty to provide child maintenance. The Child Maintenance Service or the family court can still require a restricted parent to pay, because financial support is legally separate from parental responsibility. Arrangements for time with the child are also dealt with separately.

The non-restricted parent or carer should keep copies of any court order and give them to schools, GP surgeries, hospitals and the passport office, so those organisations know who can give valid consent. Temporary carers should also be given copies where appropriate.

Using the family court to obtain or resist restrictions

Even aside from the automatic schemes, the family court in England and Wales already has wide powers to impose, vary, or remove restrictions on parental responsibility where this is necessary to safeguard a child.

The main Children Act 1989 orders used to restrict parental responsibility are:

Prohibited steps order — to stop a named step being taken, such as removing a child from the jurisdiction or changing their school;

Specific issue order — asking the court to decide a particular question, for example about medical treatment or education;

Child arrangements order — which can indirectly limit how parental responsibility is exercised by settling who a child lives with and spends time with.

Any parent, any person with parental responsibility, and in some cases the local authority, can apply to the family court. Some other people, such as a relative with whom the child has lived, may need the court’s permission to apply. Applications can seek to restrict another person’s parental responsibility or, in limited cases, to end it.

The applicant will need clear, specific evidence of serious risk or actual harm — such as findings of domestic abuse, criminal convictions, or a pattern of threatening behaviour — to justify significant restrictions or removal.

Parents in conflict about how parental responsibility should be exercised are normally required to attend a Mediation Information and Assessment Meeting before applying to court. Exemptions apply, including in cases involving domestic abuse or genuine urgency. Where domestic abuse is alleged, the court also follows Practice Direction 12J when deciding what is safe. A family law specialist can explain which route fits your circumstances.

Once an application is issued, Cafcass carries out safeguarding checks with the police and local authority before the first hearing, and reports its findings to the court.

Automatic restrictions created by the Crown Court will generally still need follow-up in the family court, where a judge can tailor the order to the particular child rather than relying only on a standard list of restricted activities. Under Jade’s Law the local authority carries the duty to bring that review application, which is designed to take the burden off the child’s carers.

What you can do now

Because neither scheme is yet in force, nothing happens automatically at present following a conviction. If you are caring for a child and worried about another parent’s involvement, the practical steps are:

• Ask the family court for a prohibited steps order or specific issue order dealing with the particular decisions that concern you. Urgent applications can be made where there is a real and immediate risk.
• Gather documentation — conviction and sentencing records, any existing orders, police or social services correspondence — as this is the evidence the court will want to see.
• Tell the child’s school, GP and any other agency who currently holds parental responsibility, and give them copies of any order once made.
• Take tailored advice early. If there has been domestic abuse, say so at the outset, because it affects both the mediation requirement and how the court manages the case.

Frequently asked questions

Are the automatic restrictions in force yet?

Not as at 24 August 2026. Section 18 of the Victims and Prisoners Act 2024 and sections 3 to 5 of the Victims and Courts Act 2026 have both been passed by Parliament but await commencement regulations. Until then, protective orders must be applied for in the family court in the usual way.

Does an automatic restriction mean a parent no longer “has” parental responsibility?

No. An automatic restriction suspends the exercise of parental responsibility rather than removing it completely. The parent remains a legal parent but cannot make decisions unless the High Court or the family court allows it. That is a different thing from ending parental responsibility altogether.

Will automatic restrictions apply if there is only an allegation and no conviction?

The automatic schemes described — Jade’s Law and the Victims and Courts Act 2026 provisions — are triggered by criminal convictions and sentencing decisions, not by unproven allegations. However, the family court can still impose restrictions based on its own findings of fact about abuse or risk, even without a criminal conviction, and applies a lower standard of proof than the criminal courts. Anyone concerned should seek legal advice from a family law specialist.

What happens if the restricted parent is the only person with parental responsibility?

If the only person with parental responsibility for a child becomes subject to a restriction, the family court and local authority will normally need to consider who else should obtain parental responsibility. This could be a non-offending parent, a relative, a special guardian, or the local authority under a care order, so that someone can lawfully make decisions for the child.

Can a restricted parent still obtain information about their child from schools or doctors?

This depends on the wording of the order and on the organisation’s own duties. Some restrictions affect decision-making only, while others also limit information sharing. Schools and health professionals will follow the terms of the order, so the parent or carer with day-to-day care should give each organisation a copy.

Do automatic restrictions affect my ability to apply back to the family court in future?

In most cases, a restricted parent can apply later to vary or discharge a restriction. They will need to show what has changed and why relaxing the restriction would now serve the child’s welfare. The more serious the original offence, the harder that is likely to be, and the court may also limit further applications where they would be harmful to the child. The court will always treat the child’s welfare as its paramount consideration.

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