Parents wishing to access children's notes

BMA Guidance on the subject states quite clearly that 'Both of a child's legal parents have parental responsibility if they were married at the time of the child's conception or at some time thereafter.'

It is important to remember that even quite young children may be 'Gillick Competent' and therefore may have legal capacity to consent or dissent to disclosure of their confidential medical records. In addition, you must always take into account your legal and professional obligation to act at all times in the child's best interests.

In a contentious divorce situation it would be worth checking with your medical defence organisation if there is any doubt about the wisdom of providing access to the medical records.

Acquired parental responsibility

* An unmarried father can acquire parental responsibility by;

applying for and getting a Residence order
applying to the court for a Parental Responsibility order
making a parental responsibility agreement (in a set procedure) with the mother
being appointed the child's guardian (once the appointment takes effect)
subsequently marrying the mother of the child.

Step-parents do not acquire parental responsibility on marriage, but they do have a responsibility to safeguard the welfare of any step-children in their care, and are responsible for the maintenance of a step-child where a marriage means the step-child is a "child of the family." (ie a child who has been treated as a member of the family.

A step-parent may acquire parental responsibility by: