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Godparents

Also known as: Godfather, Godmother, Godparent

Definition

Godparents are people chosen by parents to support a child's spiritual development and act as mentors, but they have no automatic legal rights or responsibility for the child under UK law.

Understanding the distinction between godparents and legal guardians is essential for parents creating wills and protecting their children's future.

What Does Godparents Mean?

Godparents are individuals chosen by parents during a child's baptism or christening ceremony to guide the child's religious upbringing and serve as lifelong mentors. In Christian tradition—particularly in the Church of England—godparents make formal promises during the ceremony to support the child's spiritual development, help them grow in faith, and act as positive role models throughout their life. The Church of England requires at least three godparents: two of the same sex as the child and one of the opposite sex. Beyond religious families, many people still appoint godparents as a meaningful cultural tradition, recognizing them as special individuals who will play an important role in their child's life.

However, here's the critical legal reality that many parents misunderstand: godparents have absolutely no legal rights or responsibilities for the child under UK law. Government guidance on parental responsibility—the legal framework governing authority over children—doesn't mention godparents at all. Whether appointed in a church ceremony or chosen culturally, godparent status creates only a religious or moral commitment, not a legal one. Sarah and Tom chose Sarah's sister Emma as godmother to their daughter Lily during her christening, assuming Emma would raise Lily if anything happened to them. When both parents died in an accident five years later, Emma had no legal right to take Lily home or make decisions about her care. Despite being godmother, Emma had to apply to the family court for guardianship—a process that took months and cost thousands of pounds—during which Lily lived with temporary foster carers.

This widespread misconception is dangerous because it leaves children unprotected. Without a formally appointed guardian in a will, the family court decides who cares for your children if you die—a process that may not result in your preferred choice and can be lengthy and expensive for your loved ones. Godparents cannot make decisions about education, healthcare, finances, or living arrangements unless they've been separately appointed as legal guardians and the parents have died. The same person can fulfill both roles, but they require separate appointments. James and Rachel named James's best friend David as godfather to their son Oliver and also formally appointed David as legal guardian in their will. This meant when both parents died, David had immediate legal authority to care for Oliver, honoring both the spiritual role they'd given him as godparent and ensuring legal protection for their son.

Common Questions

"Do godparents automatically become legal guardians if parents die?"

No, godparents have no automatic legal rights or responsibility for a child if parents die. Being a godparent is a religious or cultural role, not a legal one. If you want your child's godparent to care for them, you must formally appoint them as a legal guardian in your will.

"Can the same person be both godparent and legal guardian?"

Yes, the same person can be both godparent and legal guardian, but these are separate roles requiring separate appointments. The godparent role comes from a christening or baptism ceremony, while legal guardianship must be formally appointed in your will through a specific legal provision.

"What responsibilities do godparents have in the UK?"

Godparents have religious and moral responsibilities to support a child's spiritual development and act as positive role models throughout their life. In the Church of England, godparents promise to help the child grow in Christian faith. However, godparents have no legal obligations or rights unless separately appointed as legal guardians.

Common Misconceptions

Myth: "If we make someone a godparent at the christening, they'll automatically look after our children if we die."

Reality: Godparents have no automatic legal rights to care for your children. The christening ceremony creates a religious or moral commitment only. To give a godparent legal authority to care for your children, you must separately appoint them as a legal guardian in your will with a specific written provision.

Myth: "Godparents have some legal rights to see the child or be involved in major decisions."

Reality: Godparents have no legal rights regarding the child whatsoever—not for contact, visitation, or involvement in decisions about education, healthcare, or upbringing. Unless a godparent has been separately appointed as a legal guardian (and the parents have died) or has obtained a court order for parental responsibility, they have the same legal status as any family friend: none.

  • Guardian: The legal role that people often mistakenly believe godparents automatically hold—guardians have formal legal authority to care for children.
  • Child: The subject of both godparent and guardian roles—understanding who qualifies as a child is essential for both appointments.
  • Parental Responsibility: The legal framework that governs authority over children—godparents do not automatically have this, but appointed guardians receive it upon parents' death.

Need Help with Your Will?

Many parents assume godparents will automatically care for their children—but UK law requires formal appointment in a will. Understanding this distinction is crucial for protecting your children's future if the unexpected happens.

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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.