Step parents are a common feature of modern family life – and this poses an important question. If someone plays a significant role in a child’s upbringing alongside one or both biological parents, should that relationship be officially recognised? Do step parents have any legal rights? Does the concept of parental responsibility apply to step parents too? The answer is: yes, it does, in certain circumstances.
Please note: the following information on step parent rights only relates to children whose birth was registered in England and Wales. Different laws and regulations apply in Scotland and Northern Ireland.
What is parental responsibility?
The term parental responsibility refers to all aspects of bringing up a child –the duties and obligations held by parents, alongside their right to be involved in the upbringing of the children and to make decisions about their welfare.
At the most basic level, parents must provide food, shelter, safety and financial resources for their children. But of course, parents are also responsible for their education, religious pursuits (if any), discipline, medical treatment and even the child’s name.
The Children Act 1989 sets out a legal definition of parental responsibility. Section 3 of the Act states that:
“parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
Who has parental responsibility?
A biological mother automatically holds parental responsibility because their status as the child’s birth mother is never in doubt, but the situation is a little more complex for fathers.
A biological father will hold parental responsibility if:
- He was married to the child’s mother at the time of the birth or married her subsequently.
- He is named on the child’s birth certificate (if the birth was registered after 1 December 2003).
- He was cited in a parental responsibility agreement: these are issued if the mother agrees that a man who would not otherwise hold parental responsibility should be granted it – for example unmarried fathers, civil partners or, yes, step parents.
- He was the subject of a court order granting him parental responsibility. Typically, these are issued when the mother objects to the father receiving parental responsibility.
Same-sex partners who were married or civil partners at the time of IVF treatment occurs will both have parental responsibility.
Any adult can have parental responsibility for a child if they were appointed legal guardian of the child in the will of a parent with parental responsibility and that parent subsequently died. Meanwhile, parental responsibility may be shared with the local authority in certain circumstances – usually when the child has been subject of care proceedings.
More than two adults may hold parental responsibility towards a child, and that includes, yes, step parents.
What does parental responsibility mean for step parents?
It’s now very common for parents to marry or enter a long-term relationship with someone who is not their child’s biological parent. Step parents often develop a strong bond with the child and they can play an important role in their life.
But by default, step parents have no legal standing when it comes to decisions about the child’s upbringing, education, or medical care. Participation in such decisions requires parental responsibility.
This legal status enables step parent to play a full role in the lives of the children, everything from taking them to doctor’s appointments to signing school consent forms. Such clarity is often in the best interests of children.
Specific circumstances are required for step parents to be granted parental responsibility. These include:
- When the Court makes a child arrangements order specifying that the child or children should live with the step parent, either on their own or with another person. However, this type of ‘step parent’ order is uncommon.
- When the step parent adopts a child, putting him or 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. This document certifies that all other people with parental responsibility for a child consent to a step parent receiving the same rights.
How to obtain a step parent parental responsibility agreement
There are two simple conditions for 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 living person who already holds parental responsibility for the child, not just the parent you’re married to. They must agree to you acquiring the same parental responsibility and cooperate in the process of acquiring approval for the agreement in the family court,
To acquire step parent parental responsibility, you will need to be able to provide a marriage certificate upon request. The child’s parent, meanwhile, will be required to supply the child’s birth certificate. Where there is another parent with parental responsibility, they must present proof of their status. Finally, all parties to the agreement must provide photographic evidence of their identity (e.g. passports or driving licenses).
Effects of a step parent parental responsibility agreement
Here’s what step parent parental responsibility agreements don’t do:
- They don’t remove parental responsibility from the biological parent who lives outside the household.
- Recipients don’t get a greater say than the absent parent in the child’s upbringing – just an equal say.
- Recipients do not become liable to pay maintenance for the child.
- If recipients later separate from the child’s biological parent and move out, they will not have an automatic right to see the child.
What a step parent agreement does do is to give recipients the same legal rights and obligations in relation to raising the child as the biological parent or parents.
Seek high quality legal advice if you are thinking of applying to the family courts for step parent parental responsibility. Arrange your free 45-minute initial consultation with the expert team here at Stowe Family Law for the best advice about your specific situation and circumstances.
What If the other parent won’t agree to a step parent parental responsibility agreement?
Watching other people become involved in the upbringing of their children can be difficult for divorced or separated parents who do not live in the same household. The idea of sharing parental responsibility with their ex-partner’s new spouse may be perceived as an attempt to marginalise them within their own child’s life.
If that other parent therefore withholds their consent from a proposed step parent parental responsibility agreement, but you and your spouse remain convinced that it would be in the best interests of the child or children, then you can apply to the family court for a parental responsibility order.
What is a parental responsibility order?
As the name implies, parental responsibility orders are issued by the family courts to grant parental responsibility to individuals who would not otherwise hold it. In addition to step parents, they can also be issued to grandparents, guardians and foster parents, as well as unmarried fathers whose names are not listed on the child’s birth certificate because the mother has not agreed to this.
Step parental responsibility allocates exactly the same duties and responsibilities as those held by biological parents with parental responsibility. Same sex partners in a registered civil partnership or marriage can also obtain parental responsibility by agreement or a court order.
Previously, step parent rights could only be acquired by legally adopting the child, or by obtaining a so-called residence order from the family courts, but the law has since changed.
How do I apply for a step parent parental responsibility order?
To apply for a step parent parental responsibility agreement, complete family court form C1. The presiding judge will carefully consider each family’s circumstances and will only issue an order if they are convinced that doing so would be in the child or children’s best interests.
For more information on how to apply to the family court, seek quality legal advice. Contact Major Family Law today for help. We offer FREE 45-minute initial consultations to start your journey towards receiving parental responsibility, and beyond that, our step parent fixed fee packages provide welcome clarity and reassurance about costs.
What if I change my mind about step parent rights?
Once you have been allocated step parent parental responsibility, whether by agreement with the biological parents or guardians, or by family court order, it can only end in one the following two ways:
- If you or any other person with parental responsibility obtains an additional court order ending your parental responsibility.
- if the child themselves, with the permission of the family court, applies for such an order when they reach the age of 18.
Video
Watch family solicitor Katie Wright discuss step-parent parental responsibility.
