parental responsibility
Key to explain:
- legal concept
- gives adults rights and responsibilities
The following people automatically have PR:
- birth (presumed biological) mother
- 2nd parent – if married to/in civil partnership with birth mother at the time of conception/birth
- Surrogate mother initially has responsibility until handed over to legal parents
Only 2 parents can be registered on birth certificate, but PR can be shared with others.
- Appointed guardian
- Person obtaining a residence order.
- Named local authority
- With emergency protection order, for duration of that order.
If parents disagree with medical team
- duty to act in best interest >> duty to respect pt’s or parents’ wishes
- Gillick v West Norfolk and Wisbech HA (1985): court can decide, but if no time to get court decision, doctor can safely carry out emergency treatment if judged to be best interest
Glass v UK [2004]: where medical team acted against pt’s family wishes → court emphasised need to reach consensus or seek external advice