It is not uncommon for parents to marry or enter into a long term relationship with someone who is not their child’s biological parent. Step families are a common feature in modern day life.

Over time, the step parent may go on to develop a bond with that child and play a significant part in their upbringing. Unfortunately, from a legal point of view, that step parent has no legal standing when it comes to making decisions about the child.

So how can that relationship be recognised?

A step parent who is providing care and nurture to the child may often feel side-lined or unappreciated. Especially when they play a significant role in the child’s life. But a step parent can acquire Parental Responsibility in certain circumstances:

  • When the Court makes a Child Arrangement Order that the child lives with the step parent. Either on their own or with another person. However, these types of ‘step parent’ orders are uncommon.
  • When the step parent adopts a child, which puts him/her in the same position as a birth parent.
  • When the Court has made a Parental Responsibility Order following an application by the step parent.
  • Through the signing of a step parent Parental Responsibility Agreement, to which all other people with parental responsibility consent.

What does obtaining Parental Responsibility actually mean?

Parental Responsibility is everything to do with a child’s upbringing. It includes all the duties and obligations towards that child; so in effect the step parent has the  same duties and responsibilities as a natural parent. Same sex partners in a registered civil partnership or marriage can also obtain parental responsibility by Agreement or a Court Order.

How to Get a Step Parent Parental Responsibility Agreement

There are two conditions to obtaining a Step Parent Parental Responsibility Agreement:

  • You must be married to the biological parent with whom the child lives.
  • You must have the signed consent of every person with parental responsibility for the child.

That means if the other parent of the child is living and has parental responsibility, they must agree to you acquiring step parent parental responsibility. They must cooperate in the Agreement being approved by the Court, not just the parent you’re married to.

You must also be able to provide your marriage certificate showing you’re married to the child’s parent. The child’s parent is obligated to supply the child’s full birth certificate. Where there is another parent with parental responsibility, they must present proof. Finally, all parties to the Agreement must provide photographic evidence of identity (e.g. passport or driving licence)

Some people find the concept of sharing Parental Responsibility with their former spouse’s partner daunting and as an attempt to marginalise their position. Consent therefore, may not be forthcoming. In those circumstances if you and your spouse continue to believe that it is in the child’s best interest to have Parental Responsibility granted, then you can apply to the court for the order to be granted.

What are the effects of a Step Parent Parental Responsibility Agreement

Here’s what it doesn’t do:

  • It doesn’t remove parental responsibility from the absent biological parent.
  • You don’t get a greater say than the absent parent in the child’s upbringing. (But it does give you an equal say).
  • It doesn’t make you liable to pay maintenance for the child.
  • If you separate from the child’s parent/move out, it doesn’t give you an automatic right to see the child.

What a Step Parent Parental Responsibility Agreement does do, is give you the same legal rights and obligations in relation to raising the child as the biological parent or parents.

What If I Change My Mind About Step Parent Rights?

Once you have step parent parental responsibility, whether by Agreement or Court Order, it can only end in the following ways:

  • If you or any other person with parental responsibility obtains a Court Order.
  • If the child (with the permission of the Court) applies for an Order.
  • When the child reaches 18.

If you would like to chat in more detail about Parental Responsibility, please contact me on 0800 011 6666 or via email at  d.khunkhuna@timms-law.com