Many step-parents play an important role in their step-child's life, often taking on day to day responsibilities. However, when it comes to making key decisions about a child's upbringing, the law can be less straightforward.
Step-parents often ask about their rights when it comes to making decisions about a child’s,
- Education
- Healthcare
- Living arrangements
In this article Trainee Solicitor, Rachel Lam outlines...
- What parental rights step-parents have
- What parental responsibility is
- If step-parents have parental responsibility
- How step-parents can get parental responsibility
Q: What parental rights do step-parents have?
A: Decisions about a child’s education, healthcare and living arrangements are often reserved for individuals who hold parental responsibility for the child (i.e. the biological mother and the father named on the birth certificate).
Unless parental responsibility is granted by the court, a step-parent cannot make these decisions for the child.
Q: What is a step-parent?
A: A step-parent is legally defined as someone who is married to, or in a civil partnership with, the natural parent of a child.
Q: What is parental responsibility?
A: Parental responsibility is all the, rights, duties, powers, responsibilities and authority which by law, a parent of a child has in relation to a child and their property. As defined in section 3 of the Children Act 1989.
Parental responsibility can therefore include,
- Consenting to or obtaining appropriate medical treatment for the child,
- Ensuring the child receives an education appropriate to their age and needs,
- Choosing the child’s name and,
- Deciding where the child should live.
You can find out more about parental responsibility here.
Q: Does a step-parent have a parental responsibilities?
A: A step-parent does not automatically have parental responsibility for their step-child. However, there are legal routes for step-parents to obtain it, such as agreement with the child’s parents or by applying to the court.
Q: Does a married step-parent have parental responsibility?
A: Many assume that marrying a child’s parent automatically gives a step-parent parental responsibility. However, marriage alone does not grant any legal rights over the child. This means that a step-parent does not have the authority to make key decisions about a child’s welfare unless they have taken legal steps to obtain parental responsibility
Q: How does a step-parent get parental responsibility?
A: Step-parents who want to obtain parental responsibility for their step-child have several legal options available to them. These options are set out below.
Parental Responsibility Agreement
One route to get responsibility is through a Parental Responsibility Agreement.
If the step-parent is married to the child’s parent who already holds parental responsibility, they can enter into a formal agreement with all individuals who currently have parental responsibility for the child. This agreement must be signed by everyone involved and properly registered at the Court.
Court Application
If reaching an agreement is not possible, the step-parent may apply to the Court for parental responsibility. However, submitting an application does not automatically grant parental responsibility.
The Court will consider the views of all parties with parental responsibility and assess whether granting it to the step-parent is in the child’s best interests.
Guardianship
When a step-parent becomes the child’s guardian, either through step-parent adoption or by being granted a special guardianship order, they automatically acquire parental responsibility.
Having guardianship status places the step-parent on equal footing with the child’s biological parent who holds parental responsibility. This gives them full authority to make decisions about the child’s welfare, education, and healthcare.
To find out more about how to get guardianship orders click here.
Child Arrangements Order
Another way of acquiring parental responsibility is through a Child Arrangements Order. If the Court issues an order naming the step-parent as the person with whom the child lives then parental responsibility is automatically granted to that person for the duration of the order.
To find out more about how Child Arrangement Orders work and why you might need one, read our Child Arrangement article.
Specialist Family Solicitors
If you have any questions after reading this article, you can contact one of our family law experts who will be happy to offer you tailored advice.
We can assist you with applying for Child Arrangement Orders, representing you in court or providing advice on any other family matters.
Speak to one of our Family Law Specialists on 01202 499255, or by filling out the form. We offer all new clients a free initial chat.
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