Being a step-parent often means taking on many of the responsibilities of day-to-day family life. You might do the school run, attend medical appointments, help with homework or make important decisions about your stepchild’s care.
But what happens when you need to make a significant decision and discover that, legally, you do not have the authority to do so?
For step-parents, obtaining parental responsibility can provide greater clarity and reassurance, allowing you to play a more formal role in important decisions affecting your stepchild.
What is Parental Responsibility?
Parental responsibility is the legal term for the rights and responsibilities involved in making important decisions about a child’s life.
This can include decisions about:
- Where a child lives
- Their education and which school they attend
- Medical treatment
- Their general care and upbringing
Parental responsibility is governed by the Children Act 1989, which sets out the legal framework surrounding the rights and responsibilities of parents and others caring for children.
Can a Step-Parent Obtain Parental Responsibility?
A step-parent does not automatically acquire parental responsibility simply by becoming part of a child’s family.
However, if you are closely involved in your stepchild’s life, there may be situations where having parental responsibility is important – particularly when decisions need to be made about their education, healthcare or welfare.
There are two main routes through which a step-parent can obtain parental responsibility.
- Parental Responsibility Agreement
Under section 4A(1)(a) of the Children Act 1989, a step-parent can obtain parental responsibility by entering into a parental responsibility agreement.
The agreement requires details of the child, their parents and the step-parent. The step-parent must also provide a declaration confirming that they are married to, or are the civil partner of, a parent of the child, together with photographic identification.
The agreement must be signed by all of the child’s parents, meaning that the consent of all relevant parties is required.
Once the agreement has been filed with and sealed by the local family court, parental responsibility is granted.
Parental responsibility obtained in this way will generally continue until the child reaches the age of 18, unless it is brought to an end by a court order.
- Applying for a Parental Responsibility Order
If an agreement cannot be reached, a step-parent can instead apply to the court for a Parental Responsibility Order under section 4(1)(c) of the Children Act 1989.
Again, the step-parent must be married to, or be the civil partner of, a parent of the child.
When deciding whether to make an order, the court’s primary consideration will be the welfare of the child. The court will also consider whether making the order would benefit the child and whether court intervention is necessary.
Factors may include the step-parent’s relationship with and involvement in the child’s life, as well as the reasons behind the application.
Other Ways Parental Responsibility May Arise
Parental responsibility can also arise through other types of court orders.
For example, a Child Arrangements Order or Special Guardianship Order may give parental responsibility to someone who is caring for a child. Depending on the circumstances, such orders can apply to family members, relatives or other people who have an established role in the child’s life.
The appropriate route will depend on the individual circumstances of the child and family.
Why Might Parental Responsibility Be Important?
For a step-parent who plays a significant role in a child’s life, parental responsibility can provide greater certainty about their legal position.
It can be particularly helpful when important decisions need to be made about a child’s education, healthcare or welfare, as well as providing greater clarity about the step-parent’s role within the family.
Every family is different, and the most appropriate approach will depend on your individual circumstances.
How Marlborough Law Can Help
Parental responsibility is an important legal concept, particularly for those who play a significant role in caring for a child.
If you are a step-parent and are considering obtaining parental responsibility, our experienced family law team can explain your options, advise you on the appropriate process and help you understand what parental responsibility would mean for you and your family.
If you would like advice about obtaining parental responsibility as a step-parent, please get in touch with Marlborough Law and speak to one of our family law experts.
