Obtaining Parental Responsibility as a Step-Parent

If you’re a step-parent, you might be the one doing the school run, sitting with your stepchild at the doctor’s, or making the day-to-day decisions that keep family life running, without actually having any legal authority to do so. This guide explains what parental responsibility is, whether you can get it as a step-parent, and how.

What is parental responsibility?

Parental responsibility is the legal term for having the authority to make important decisions in a child’s life — where they live, what school they go to, and agreeing to medical treatment. It comes from the Children Act 1989, which defines it as all the rights and responsibilities a parent has for their child.

Can I obtain parental responsibility as a step-parent?

As a step-parent, you will not automatically have parental responsibility; only the child’s mother will automatically be granted parental responsibility. However, you may find that you need to make decisions in respect of a child you are caring for either on a day-to-day basis or in an emergency.

As such, there are two main ways in which parental responsibility can be obtained by you as a step-parent. These options are set out below:

1. A Parental Responsibility Agreement

Under section 4A(1)(a) of the CA 1989, a step-parent is able to obtain parental responsibility for a child by making an application to the court.

As part of the application, you will be required to set out the details of the child, the details of each parent, and your details as a step-parent.

As a step-parent, you will be required to make a declaration to prove that you are married to, or are the civil partner of, a parent of the child. The court will also want to have sight of your photographic identification to prove your identity.

The application should be signed by all of the child’s parents, and therefore consent is required by all parties before parental responsibility is granted.

Once filed with your local family court and sealed by them, parental responsibility will be granted. As a result, parental responsibility will only end when the child reaches 18 or by way of a court order ending the agreement.  

2. A Parental Responsibility Order

Alternatively, a step-parent is entitled to apply to the court for a parental responsibility order in line with section 4(1)(c) of the CA 1989. To do so, you must again be married to, or a civil partner of, a parent of the child.

When considering whether to make an order, the court will consider the child’s welfare as the paramount consideration (1(1) CA 1989). The court will also consider the non-intervention principle i.e. would the court intervening and making an order be a benefit to the child. The court will also look at your level of involvement in the child’s life and your reasons for making the application.

Other ways parental responsibility may arise

There are other types of Orders that the Court can make which will infer parental responsibility, such as a Child Arrangements order or a Special Guardianship order. These orders can be made in respect of any family member, relative, or friend who wishes to have parental responsibility in order to be able to care for the child.

How Everys can help

Parental responsibility is a key legal concept that ensures those caring for a child have the authority to make important decisions in their best interests.

For step-parents, obtaining parental responsibility can provide clarity, security, and the ability to act effectively in both everyday situations and emergencies.

If you are a step-parent and are considering obtaining parental responsibility, please get in touch with one of our family law experts.