Getting Legal Responsibility For A Stepchild

In her latest blog, Timms Family Law Solicitor, Dee Khunkhuna outlines the process of getting legal responsibility for a stepchild…

If you or your partner have children from a previous relationship living with you then you are a stepfamily. Stepparents are often taking full day-to-day responsibility for their stepchildren and in some cases, they want to make that relationship more formal. One way to do this is adoption.

But there are other ways in which you can get legal responsibility (often called parental responsibility). It is important to look at what is best for the children, the natural parents and the stepparent. Each situation will have different factors for consideration to decide the best option.

What is the effect of an adoption?

When a stepparent adopts their partner’s child it ends the legal relationship between that child and their other natural parent and that wider family network e.g. grandparents and other relatives. That can have really big impact for the child. Depending on the nature of the relationship they have with their non-resident birth parent they may feel that they have to choose between different adults and later on in life this could cause difficulties.

In cases of adoption the child also loses all maintenance and inheritance rights too. It means you (as the stepparent) become the legal parent of the child forever and have parental responsibility. The child’s surname can be changed unless a court prevents it and the child gets rights to your estate along with any of your own children. So, if you and your present partner divorce you still remain legally the child’s parent.

If you decide that adoption is the best outcome then you need to tell your local council that you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order.

The child must also have lived with both of you for at least 6 months.

So what is the process of adoption?

The process to adopt is similar to an assessment through an adoption agency and that assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel). If granted, the adoption court order gives you parental responsibility for the child – along with your spouse or partner. An adoption order cancels any other type of court order, such as how and when the child’s birth parent can visit the child.

What are the alternatives to adoption?

Parental Responsibility Agreement/Order

This would allow the stepparent to obtain parental responsibility either by agreement or by way of a court order.

A Child Arrangement Order

This type of an order determines where the child will live. If the order is made in favour of the resident parent and the stepparent then the stepparent would get parental responsibility. Whereas adoption severs the relationship between the child and the non-resident birth parent, a child arrangements order means that you share parental responsibility with them. It does not have the same level of permanency as an Adoption Order.

All of these processes can be complex and require careful consideration. So, if you are thinking about what option is best for you then please feel free to contact a member of our specialist family department for further advice and information on freephone 0800 011 6666 or at legal@timms-law.com.

Dee Khunkhuna
July 2020