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Step families are a common feature in modern life. If someone significantly features in a child’s upbringing alongside one or both biological parents, how can that relationship be recognised? Do step parents have legal rights? If you’re connected to the child, you can apply for step parent parental responsibility. Arrange your free 45-minute initial consultation with our team today to get advice about your specific situation.

Please note: the following information on step parent rights only relates to children whose birth was registered in England and Wales.

What Is Parental Responsibility?

Parental responsibility is everything to do with bringing up a child. It is all the duties and obligations you have towards a child as a parent.

At the most basic level of step parent parental responsibility, you must provide food, shelter, safety and maintain the child financially. But you’re also responsible for education, religion, discipline, medical treatment, the child’s name and where they live.

The Children Act 1989 sets out a legal definition of parental responsibility.

Who Has Parental Responsibility?

A mother automatically has parental responsibility. A (biological father) will have parental responsibility if:

  • He was married to the child’s mother at the time of the birth or married her subsequently or
  • He is named on the child’s birth certificate (when registered after 01/12/2003) or
  • He has the benefit of a Parental Responsibility Agreement or Court Order granting him parental responsibility

Same-sex partners who were married or civil partners at the time of the treatment 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 is deceased. In certain circumstances, parental responsibility may be shared with the Local Authority (usually when the child has been subject of care proceedings).

More than two adults can have parental responsibility, so if you’re a step parent, you can get step parent rights.

What About Step-Parent Parental Responsibility?

It’s common for parents to marry or enter a long-term relationship with someone who is not their child’s biological parent.

Step parents often develops a strong bond with the child and play an important role in their life. But legally, the step parent has no standing when it comes to decisions about the child’s upbringing – this even includes the signing of consent forms for school.

Step parent parental responsibility can’t be acquired by simply marrying the child’s biological parent. Previously, step parent rights were only acquired by legally adopting the child, or by obtaining a Residence Order from the Court. But now, step parental responsibility can be obtained for a child in very specific circumstances, including:

  • When the Court makes a Child Arrangements 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

On acquiring step parental responsibility, a step parent has the same duties and responsibilities as a biological 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 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 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 the same 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 license).

What If the Other Parent Won’t Agree to the Step-Parent Parental Responsibility Agreement?

It can be a contentious issue when other people are involved in the upbringing of your children. The idea of sharing parental responsibility with your former spouse or ex-partner’s new spouse may not sit comfortably and may be viewed as an attempt to marginalise them in their own child’s life.

If that parent’s agreement is not forthcoming, but you and your spouse believe that your having step parent parental responsibility is in the child’s best interests, you can apply to the Court for a Parental Responsibility Order.

If you need more information on how to apply to the Court, you should seek legal advice; contact us today for help. We offer a FREE 45-minute initial consultation to start your journey towards receiving parental responsibility.

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 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

How do I apply for Step Parent Parental Responsibilty?

Please look at our Step Parent fixed fee packages and contact us to book your  initial 45-minute free of charge consultation.

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"Hugely impressed by Joanne Major’s drive, vision, and meticulous attention to detail"

I’ve always been hugely impressed by Joanne Major’s drive, vision, and meticulous attention to detail. I’m not surprised, therefore, that Joanne and her dedicated team of lawyers and support staff have rapidly gained recognition as one of the most forward-looking, innovative, client-focussed family practices in the country.

James Richardson

District Judge

"A wealth of collaborative experience"

Joanne Major has a wealth of collaborative experience. Her delivery is strong and confident with a no nonsense approach that I came to trust. This is invaluable when clarity and action is required. Major Family Law were highly recommended to me and I would have no hesitation to pass that recommendation on.

Christine Nugent

Managing Director, Business Travel

"Both knowledgeable and approachable family lawyers"

We are happy to endorse the services provided by Joanne Major and the team at Major Family Law, Ponteland. We have a number of mutual clients who speak very highly of them. They are both knowledgeable and approachable family lawyers who are clearly client focussed.

Andrew Morgan

Partner, Nicholson & Morgan

"Family lawyer of high calibre and drive"

Having worked with Joanne Major at a large commercial firm some years ago, I am aware she is a family lawyer of high calibre and drive. During a short period of time she has put together an excellent team of intelligent, approachable lawyers who deliver first rate family law services to clients. We as a firm are happy to recommend them.

Paul McGowan

Principal Solicitor, Collingwood Legal

"We can trust them to understand what is at stake"

Joanne Major and her team are the “Go To” for any clients or contacts who come to us asking if we know any good family lawyers. We can trust them to understand what is at stake and treat each client as an individual, taking time to listen, explain & advise as we would do when faced with commercial legal issues.

Tim Clarke

Partner, Clarke Mairs LLP

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