How Do I Become My Step-child’s Legal Parent?

Step-parents often play an integral role in the care of the child. Therefore, it does not come as a surprise that many step-parents may want this relationship to be legally recognised. Below, we will discuss the different ways of obtaining legal parental responsibility for a child and what this means in practice.

What is parental responsibility?

Parental Responsibility is the duties, rights, responsibility and authority, that by law a parent has in relation to their child and their child’s property. This could include the power to make decisions about where the child might go to school, their religious upbringing, taking the child out of the country, and responsibilities such as providing a home for the child.

If you are a step-parent who is married to or is the civil partner of a parent who has parental responsibility you can obtain parental responsibility either by entering into an agreement, or applying to the court for an order. Even if both natural parents have parental responsibility, this should not on its own prevent you from obtaining parental responsibility as more than two people can have parental responsibility for a child.

Why would I want parental responsibility?

You may want parental responsibility to ensure that the role you currently undertake now, which includes making decisions regarding your step-children’s upbringing and providing for them, is legally recognised. This would mean you could make medical decisions on behalf of your step-child when you cannot get a hold of their natural parents, and have an equal say about the child’s upbringing.

How do I obtain parental responsibility for my step children?

The first way you could obtain parental responsibility is by agreement with the child’s current parents. It is important to remember though, that where both of your step-child’s parents have parental responsibility you must have an agreement between all three of you, rather than just between you and your partner. Once you are all in agreement, you will need to fill out a step-parent responsibility agreement form, provide evidence of the child’s natural parents’ parental responsibility, and provide proof that you are married to or the civil partner of a parent of the child either by way of your marriage certificate or certificate of civil partnership. All parties to the agreement will also need to provide proof of their identity.

The second way to obtain parental responsibility, if you are not in agreement with all parents holding parental responsibility, is to apply to the courts for an order granting parental responsibility. When considering making an order the court will have regard to the child’s welfare as its paramount consideration. A child’s welfare covers a variety of things, including their wishes and feelings, their needs, and their age. For example, the older a child is, the more likely a court is to attach greater weight to their wishes and feelings, so if your step-child is a teenager and does not wish for you to have parental responsibility, the court might be less willing to make an order. The court will also look at your relationship with your step child, namely:

• The degree of commitment between yourself and the child

• The degree of attachment which exists between yourself and the child and;

• Your reasons for applying for the order and whether it is a genuine motive

It is important to remember that commitment is not measured in financial commitment, as the courts try to avoid combining money with children matters. Lastly, the court will consider whether it would be better for the child to have the order made, or for there to be no order; this is known as the no order principle.

In some cases, there may be a child arrangement order in place that states your step child lives with you. If this is the case, you would usually be automatically granted parental responsibility, but only for as long as the provision stating that the child lives with you is in place. Therefore, it may be sensible to apply for a separate parental responsibility order in addition to any child arrangement order, to ensure that if there is any change in the child’s residence, your parental responsibility remains in place.

All of the above orders and agreements, will automatically end alongside the parental responsibility when the child turns eighteen.

Our approachable and experienced family law team can advise you on the best approach for your situation. Please feel free to contact our specialist family law experts on 0330 822 3451 for more information about what legal provisions might be suitable for your family.