Are Godparents Legal Guardians in the UK?

When choosing your child’s godparents, you choose the people you trust most to be there throughout their life, which can lead to a very understandable assumption that if something happened to you, their godparents would look after them. However, godparents and legal guardians do not necessarily fall under the same bracket.

Is a godparent automatically a legal guardian?

Being a godparent does not automatically give somebody parental responsibility or make them your child’s legal guardian. Traditionally, a godparent’s role is connected to a child’s christening and Christian faith. The Church of England describes it as a lifelong commitment to encourage and support a godchild through their faith journey. It can be an incredibly important relationship. Legally, however, the christening does not appoint that person to care for your child if you die.

Can I make my child’s godparent their legal guardian?

If the person you chose as godparent is also the person you would want to care for your child, you can consider formally appointing them as a guardian. One common way of doing this is through your Will.

The Children Act of 1989 allows a parent with parental responsibility to choose another person as their child’s guardian after their death, and the choice must comply with specific legal standards. The exact date that takes effect is determined by whether another parent with parental responsibility is still alive, as well as the overall family circumstances. That’s why it is sensible to take professional advice rather than assuming a clause copied into a Will covers all situations.

What happens if I die without appointing a guardian?

There isn’t a law that states “the godparents get the children”. So if one parent passes away and another parent with parental responsibility survives, they will usually remain central to decisions about the child.

Where there is no surviving person with parental responsibility and no effective guardian appointment, arrangements may need to be decided through the family law system. For parents, the important point is that leaving your wishes unwritten can create uncertainty over who would care for your children. In some circumstances, the decision may ultimately need to be made by the court.

If you would rather make your wishes clear yourself, and you have not already done so, now is a good time to make or update your Will.

Should a godparent and guardian be the same person?

They can be, but they don’t have to be.

Think beyond who you are closest to. Would that person realistically be able to raise your child? Consider their age, health, location, family circumstances and relationship with your children.

Do godparents automatically inherit anything?

No, being a godparent or godchild does not, by itself, mean somebody is entitled to inherit from the other.

If you want to leave money, possessions or another gift to a godchild, this should be properly dealt with in your Will.

Ensure your will reflects your wishes today

Our Wills & Probate team can explain guardianship appointments clearly and help make sure your Will reflects what you actually want to happen.

To book a Will appointment with a member of our team, contact us on 0151 480 5777 (option 4) or email wills@jrlevins.co.uk