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Godparents vs. Legal Guardians: What's the Difference in the UK?

· 22 min

Note: The following scenario is fictional and used for illustration.

Emma and James chose their best friends Sarah and Tom as godparents for their 3-year-old daughter Lily at her christening last year. They felt relieved knowing that if anything happened, Lily would be cared for by people who loved her. When Emma mentioned this at a family dinner, her solicitor uncle asked, "Have you appointed them as legal guardians in your will?" Emma was confused. "Aren't godparents automatically guardians?" she asked.

The answer—no—shocked her.

Nearly 60% of UK parents don't have a will, and many mistakenly believe their godparent choices provide legal protection. In reality, godparents have zero legal status under UK law. If Emma and James died tomorrow, Sarah and Tom would have no automatic right to care for Lily—the family court would decide, potentially choosing someone entirely different.

This confusion is incredibly common and completely understandable. Religious ceremonies and legal requirements operate in separate worlds, but most parents don't realize this until it's pointed out.

This article will explain exactly what godparents can and cannot do legally, how legal guardianship actually works under UK law, and how to properly protect your children in your will.

Table of Contents

What Is a Godparent in the UK?

A godparent is a ceremonial role, typically chosen during religious baptism or christening, with deep spiritual and cultural significance but absolutely no legal standing.

Historically, godparents were expected to provide spiritual guidance and ensure a child's religious upbringing. While Church of England baptisms have declined significantly—from 66% of live births in 1902 to just 12% in 2011—the godparent role remains culturally important. Many parents choose godparents even without strong religious beliefs, seeing it as an honour for close friends or family members.

In practice, godparents typically attend religious milestones, offer moral guidance, maintain a special relationship with the child, and remember birthdays and Christmas. They provide emotional support and act as trusted adults in a child's life.

But here's what they cannot do: make any legal decisions, consent to medical treatment, enroll a child in school, apply for a passport, or claim custody if both parents die.

Rebecca chose her sister Hannah as godmother to her son Oliver at his christening. Hannah takes Oliver to the zoo on his birthday, sends thoughtful gifts, and FaceTimes weekly. She's a wonderful godmother. But if Rebecca died tomorrow, Hannah could not legally take custody of Oliver, access his medical records, or make decisions about his schooling—unless she's also been appointed as his legal guardian in Rebecca's will.

The Children Act 1989, which governs parental responsibility and guardianship in England and Wales, doesn't mention godparents at all. This absence is significant—it means godparents have no recognition whatsoever in UK family law.

The godparent role is valuable for what it is: a spiritual, moral, and emotional relationship. What it is not is a legal safeguard.

A legal guardian is a person appointed to have full parental responsibility for a child under 18 if both parents die.

Under Section 5 of the Children Act 1989, parents with parental responsibility can appoint guardians in their will or through a separate legal document. The appointment must be in writing, signed, dated, and witnessed according to the Wills Act 1837.

The appointment takes effect only when both parents are deceased—or when the surviving parent has no parental responsibility. Until that point, parents retain full authority.

Once appointed, a legal guardian gains complete parental responsibility, which includes the right to:

  • Decide where the child lives
  • Choose schools and make educational decisions
  • Consent to medical treatment and access medical records
  • Manage the child's property and finances
  • Apply for passports and travel documents
  • Make all day-to-day care decisions

This responsibility continues until the child turns 18.

When David and Louise died in a car accident, their will named David's brother Michael as legal guardian for their two children, aged 8 and 10. Because Michael was formally appointed under the Children Act 1989, he immediately had legal authority to enroll the children in school near his home, access their medical records when one needed surgery, and manage the £150,000 inheritance from their parents' estate.

Without that legal appointment, Michael would have needed to apply to the family court, facing months of uncertainty and legal costs potentially exceeding £10,000.

The distinction is stark. A legal guardian has the same rights and responsibilities as a parent. A godparent has none.

Authority Legal Guardian Has It?
Make medical decisions ✓ Yes
Choose schools ✓ Yes
Apply for passport ✓ Yes
Decide where child lives ✓ Yes
Manage inheritance ✓ Yes
Day-to-day care decisions ✓ Yes

The confusion between godparents and legal guardians is understandable—both roles involve caring for children. But one is symbolic, and one is legal.

Here's the complete comparison:

Aspect Godparent Legal Guardian
Legal Status None—purely ceremonial Full legal authority under Children Act 1989
How Appointed Verbally at baptism/christening or informally chosen Formally in will or legal document, signed & witnessed
Governed By Religious tradition or family custom Children Act 1989 Section 5
Takes Effect Immediately (ceremonial role) Only if both parents die
Parental Responsibility None Full parental responsibility
Make Medical Decisions ✗ No ✓ Yes
Choose Schools ✗ No ✓ Yes
Financial Authority ✗ No ✓ Yes—can manage child's inheritance
Custody Rights ✗ No automatic right ✓ Yes—court presumes guardian is best choice
Duration Lifelong spiritual/moral relationship Until child turns 18
Can Be Same Person Yes—godparent can also be appointed as guardian Yes—same person can hold both roles

You can—and many parents do—appoint the same person as both godparent and guardian. But the guardian appointment must be done separately in your will. The godparent role itself provides no legal protection whatsoever.

Sarah is godmother to her niece Poppy, aged 5. Sarah can take Poppy to church, buy her birthday presents, and offer guidance as she grows up. But when Poppy's mother fell seriously ill and needed someone to consent to emergency surgery for Poppy, Sarah couldn't—she had no legal authority. Poppy's grandmother, who was named as legal guardian in the will, had to be contacted urgently.

This distinction isn't academic. It can have life-or-death consequences.

No. Godparents have absolutely zero legal rights or responsibilities under UK law.

Godparents are not mentioned anywhere in the Children Act 1989, the Adoption and Children Act 2002, or any other UK family legislation. According to gov.uk guidance, godparents do not have parental responsibility and do not have any legal rights with respect to the child.

If both parents die and no guardian is appointed, godparents have no greater claim than any other family member or friend. They would need to apply to the family court for custody, competing with relatives and potentially facing lengthy legal proceedings.

Tom is godfather to 7-year-old Jack. When Jack breaks his arm at a football match Tom is supervising, the hospital refuses to treat Jack without parental consent. Tom's godparent status means nothing to the hospital—they need to reach Jack's parents or legal guardian. Tom must wait anxiously while staff contact Jack's mother, delaying treatment.

Linda is godmother to 11-year-old Maya. When Maya's parents travel abroad for work, Linda offers to handle Maya's secondary school applications. But schools won't accept applications from Linda because she has no legal authority—only parents or legal guardians can submit applications. Maya's parents must complete the paperwork remotely from overseas, causing stress and potential missed deadlines.

This lack of legal recognition extends to every official context: medical treatment, school enrollment, passport applications, travel consent, financial decisions, and custody matters. Godparents are, legally speaking, no different from any other adult who cares about a child.

The emotional bond is real. The legal authority is nonexistent.

If you don't appoint a guardian in your will and both parents die, the family court decides who cares for your children. This process is governed by the Children Act 1989 Section 1, which places the child's welfare as the paramount consideration.

But here's what many parents don't realize: the court's decision may not match your wishes.

The process typically involves temporary emergency placement—often with local authority care or emergency foster arrangements—while the court determines permanent custody. This can take 6 to 12 months. During this time, your children experience uncertainty and instability during an already devastating period.

Family members may have to compete for custody, leading to disputes, strained relationships, and substantial legal costs. Relatives fighting for custody can each spend £5,000 to £20,000 in legal fees.

According to ONS Census 2021 data, approximately 121,000 children in England and Wales live in kinship care arrangements—1.1% of all children. Of these, 59.2% live with at least one grandparent. While many of these arrangements work well, they're often emergency solutions following tragedy.

When unmarried couple Kelly and Ryan died without wills, they'd verbally told everyone they wanted Kelly's best friend Charlotte to raise their 4-year-old daughter Mia. But with no legal documentation, the court chose Ryan's parents instead—who lived 200 miles away and whom Kelly had a minimal relationship with.

Charlotte, despite being Mia's godmother and the person Mia knew best, had to fight for visitation rights. The court case took 14 months and cost the family over £30,000 in combined legal fees. Mia spent that entire time living with grandparents she barely knew, separated from Charlotte and her familiar surroundings.

After Jake and Priya died in an accident, four family members applied to be guardian of their son Noah, aged 9: both sets of grandparents, Jake's sister, and Priya's brother. What followed was a bitter 11-month court battle that fractured the family permanently. Noah spent those months in temporary foster care while his relatives fought over him.

If Jake and Priya had simply named a guardian in their will, this trauma could have been completely avoided.

The people who love your children may end up fighting each other in court, traumatizing the children further and destroying family relationships at the worst possible moment. This isn't speculation—it happens regularly when parents fail to appoint guardians.

Yes, absolutely—but you must take separate legal action to appoint them as guardians.

Being a godparent does not automatically make someone a guardian. The godparent role is ceremonial. The guardian role is legal. They are completely separate.

Many parents choose the same person for both roles, and this is perfectly fine and common. The key is that you must formally appoint them as guardian in your will, regardless of their godparent status.

Your godparents might be excellent guardian choices if they have a close relationship with your children, share your values and parenting approach, are financially and emotionally stable, and are willing to take on the responsibility.

But you might also consider different people for each role. Perhaps your godparents were chosen for their spiritual guidance but aren't suited for day-to-day child-rearing. Maybe they live abroad or far away. Perhaps their age or health makes long-term care challenging. Or you have a family member better positioned for practical care.

Anna and Mark chose Anna's brother Paul as godfather to their twins at their christening, honouring his important role in their wedding and family life. But when writing their will, they appointed Mark's sister Claire as legal guardian instead.

Claire lives nearby, has three children of similar ages, and has the space and stability to raise the twins alongside her own children. Paul lives in Australia and travels extensively for work. Paul understood completely—he'll still be a special uncle and godfather, maintaining that spiritual relationship, but Claire is far better positioned for full-time parenting.

The conversation was straightforward: "Paul, you're an incredible godfather to the boys and that will never change. But we need to appoint someone local who can take them in immediately if something happens. Claire's house, schools, and lifestyle can accommodate them without massive disruption. We hope you understand."

Paul responded: "Of course. I'd do anything for them, but you're right—uprooting them to Australia when they've just lost their parents would be cruel. I'll always be their godfather, and I'll support Claire however she needs."

If you want your godparents to become legal guardians, follow these steps:

  1. Discuss it with them explicitly—don't assume they know or agree
  2. Name them formally in your will as legal guardians under Section 5 of the Children Act 1989
  3. Ensure they understand the full scope of the responsibility
  4. Consider appointing backup guardians in case they cannot serve when needed

Having the conversation beforehand is crucial. You wouldn't want your godparents to discover they're named as guardians only after you've died, potentially leaving them shocked or unprepared.

Appointing a legal guardian is straightforward—it doesn't require complex legal language or expensive solicitors.

Under Section 5 of the Children Act 1989, you simply need to name your chosen guardian in a valid will. Here's the complete process:

Step 1: Decide Who to Appoint

Choose someone who shares your values and parenting approach, has the right age and health to care for children long-term, maintains a strong relationship with your children, lives in an appropriate location, and is genuinely willing and able to take on this responsibility.

Consider their practical circumstances: Do they have space for additional children? Are they financially stable? Would your children need to change schools?

Step 2: Have the Conversation

Discuss the responsibility with your chosen guardian before naming them in your will. Explain the full scope of what you're asking. Confirm they're willing and able. Discuss your wishes for your children's upbringing, including education, values, and lifestyle.

This conversation, while difficult, is essential. You need their genuine agreement, not a surprised discovery after you're gone.

Step 3: Appoint Guardians in Your Will

Your will must be in writing, signed and dated by you, and witnessed by two independent witnesses who are not beneficiaries.

The wording can be straightforward: "I appoint [Full Name] of [Address] to be the legal guardian of my children [Child Names] in accordance with Section 5 of the Children Act 1989."

You can appoint joint guardians (such as a couple), a sole guardian, or different guardians for different children if appropriate. Crucially, appoint backup or alternative guardians in case your first choice cannot serve.

Step 4: Provide Financial Support

Consider leaving specific assets or establishing a trust fund for your children's care. Remember, guardians are not required to support children financially from their own funds—your estate should provide for this.

Children typically inherit from your estate, but the guardian manages these funds until they reach 18. Consider life insurance to ensure adequate financial provision.

Step 5: Store Your Will Safely

Tell your appointed guardian where your will is stored. Inform your executor as well. Consider professional will storage services. Do not keep your will in a safe deposit box, as these can be difficult to access after death.

Legal Requirements Summary:

  • ✓ Must be in writing
  • ✓ Must be signed by you (testator)
  • ✓ Must be dated
  • ✓ Must comply with Wills Act 1837 (two independent witnesses if in a will)
  • ✓ Takes effect only if both parents die while child is under 18
  • ✓ Appointed person must be over 18
  • ✓ Cannot be the child's biological parent

Sophie and James used WUHLD's online will creator to appoint Sophie's sister Rachel as guardian to their two children. The process took 15 minutes and cost £99.99—versus £650 or more for a solicitor. They previewed their complete will free, checked the guardian clauses were correct, then paid to finalize. Rachel received a copy so she knows she's appointed and understands Sophie and James's wishes.

Appointing a legal guardian doesn't have to be complicated or expensive. With WUHLD, you can create a legally binding will that names your guardians in just 15 minutes online for £99.99. You'll get your will plus three essential guides, and you can preview everything free before paying. Create your will and appoint guardians today.

Choosing the Right Guardian for Your Children

Choosing a guardian is one of the most important decisions you'll make as a parent. There's no perfect answer, but asking the right questions helps.

Values and Parenting Approach

Do they share your values about education, discipline, religion, and lifestyle? Would they raise your children the way you would? Do your children already have a good relationship with them?

Practical Capability

Consider their age and health. Can they physically care for children for 10 to 15 years or more? Do they have space in their home for additional children? Are they financially stable, or can you provide adequate funds through your estate?

Do they have employment flexibility to accommodate children's needs?

Location and Stability

Would your children need to move schools, leave friends, and change communities? Is continuity important for your children's wellbeing during this traumatic transition? Do they live in a suitable area for raising children?

Relationship with Your Children

Do your children know them well and feel comfortable with them? Have they spent significant time together? Do your children trust them? The strength of this existing relationship matters enormously.

Willingness and Enthusiasm

Are they genuinely willing to take this on, or do they feel obligated? Do they understand the full scope of the responsibility—legal, emotional, financial, and practical? Have they thought through the impact on their own lives?

Many parents struggle between appointing family members out of obligation versus close friends who might be better suited. Remember: your child's wellbeing is paramount. Family ties don't automatically make someone the right guardian.

Grandparents often have the deepest love for grandchildren, but consider whether they'll have the physical stamina and longevity to raise children to adulthood. If your children are young and your parents are in their late 60s or 70s, will they be able to care for teenagers?

Some parents prefer appointing a couple for stability and additional support. Others are comfortable with a single guardian. Both are legally valid. Consider what's best for your specific children and circumstances.

Laura and Ben initially planned to appoint Ben's parents as guardians for their 6-year-old son. But Ben's parents were already 68 and 72. They realized that if they died when their son was 8, he'd be living with guardians in their 70s and 80s during his teenage years.

They decided to appoint Ben's younger sister, aged 42 with two teenagers of her own, as primary guardian. They named Ben's parents as backup guardians, ensuring emotional continuity while prioritizing practical long-term care.

The conversation with Ben's parents was emotional but ultimately positive. They understood and appreciated being named as backup guardians, knowing they'd remain closely involved in their grandson's life.

Trust your instincts. You know your children and your family best. Choose the person or people who will love your children and make decisions in their best interests.

Common Questions: "Won't This Offend Our Godparents?"

One of the most common concerns we hear: "We've already chosen godparents. Won't they be offended if we appoint different guardians?"

This concern is understandable but shouldn't stop you from protecting your children.

Godparents and Guardians Serve Different Purposes

A godparent provides spiritual or moral guidance, maintains a special relationship, and creates a lifetime bond. A legal guardian takes on the legal authority and day-to-day care if both parents die.

These roles can overlap or be separate—both are valid. The godparent role remains valuable regardless of who you name as legal guardian.

Most Godparents Understand

Many godparents are actually relieved not to have the legal responsibility. Some live too far away, have different life circumstances, or prefer the ceremonial role without the practical burden.

An open, honest conversation usually resolves any concerns.

How to Have the Conversation

Try this approach: "We wanted to talk to you about something important. You know how much we value you as [child]'s godparent, and that will never change—you have such a special place in their life.

We're now sorting out our wills, and we need to appoint legal guardians in case anything happens to us. We've decided to appoint [name] as legal guardian because [practical reason: they live nearby, have children the same age, have the space, etc.].

This doesn't change your role as godparent at all—you'll always be [child]'s godmother/godfather, and that bond is lifelong. We just wanted to explain the difference between the ceremonial godparent role and the legal guardian role."

When Godparents Are Upset

Acknowledge their feelings. Explain it's about practical considerations, not about love or trust. Reassure them their relationship with your child remains unchanged and important.

If they feel strongly, consider whether they would actually be good guardians—perhaps the emotional reaction indicates they would care deeply about your children's welfare.

When Fiona and Matt told Fiona's best friend Caroline that they'd appointed Matt's brother as guardian instead of her—even though she was godmother to their daughter—Caroline was initially hurt.

But when they explained that Matt's brother had four children and lived next door, while Caroline was single and lived 200 miles away, she understood immediately.

"You're right," she said. "I'd always be there for Lily, but your brother's house already has the bedrooms, school places, and daily routine sorted. That makes so much more sense. I'll still spoil her rotten as her godmother."

The conversation strengthened their relationship rather than damaging it.

Understanding the difference between godparents and legal guardians isn't about legal technicalities—it's about protecting your children.

Key takeaways:

  • Godparents have zero legal status in UK law—their role is purely ceremonial and has no recognition in the Children Act 1989
  • Legal guardians have full parental responsibility and must be formally appointed in your will with proper witnessing
  • You can appoint the same person as both godparent and guardian, but you must do the legal appointment separately
  • If you don't appoint a guardian, the family court decides—which may not match your wishes and can cause family conflict and legal costs
  • Appointing guardians is straightforward, doesn't require expensive solicitors, and gives you peace of mind

The godparents you've chosen may be wonderful people with a special bond to your children, but without formal legal guardianship, they have no power to care for them if the worst happens. Taking 15 minutes to appoint guardians in your will is one of the most loving acts you can do as a parent.

Your godparents provide spiritual guidance and love. Your legal guardians provide legal protection and care. Make sure you have both in place.

Nearly 60% of UK parents don't have a will—many because they mistakenly believed their godparent choices were enough. Now you know the truth: legal guardian appointments must be made formally in a will. Without them, the family court decides your children's future, not you.

The good news? Appointing guardians is simple. You don't need expensive solicitors or complex legal language. You just need a valid will that names your chosen guardians.

Create your will and appoint legal guardians today. With WUHLD, it takes just 15 minutes online.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will with guardian appointments
  • A 12-page Testator Guide explaining everything
  • A Witness Guide for your two witnesses
  • A Complete Asset Inventory document to organize your estate

You can preview your entire will free before paying anything. No subscriptions. No hidden fees. Just legal protection for your children.

Your godparents provide love and guidance. Your will provides legal protection. Give your children both.

Preview Your Will Free – Appoint Guardians in 15 Minutes

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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