Although most communities now have a children's centre, they do not have a legally defined identity and are just one way in which local authorities can provide early years services.
Children's minister Beverley Hughes said she wanted children's centres to become a statutory part of children's services and to be legally recognised as such.
The proposed legislation would also reflect current good practice.
Hughes said: "I want to ensure that Sure Start children's centres become an established part of the universal services available for young children and their families, and that local authorities and their partners have clear duties to establish and maintain sufficient centres to meet local needs."
There are currently nearly 3,000 children's centres in existence and the government has committed to a centre in every community - 3,500 in total - by 2010.
John Harris, chairman of the Association of Directors of Children's Services, said: "We welcome the move to give children's centres statutory existence so they are no longer seen as a time limited venture, but rather a long-term obligation."
The consultation ends on November 6.
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