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Children and Family Law Specialist It is now widely recognised that there is no longer a single definition of a “typical” family. For many across the country, families comprising step-children, half-siblings, and non-biological parents – often referred to as “blended” families – are becoming increasingly common. Indeed, according to the ONS, in 2021, around 781,000 stepfamilies existed in England and Wales, with 70% of them having dependent children. However, despite the prevalence of step-parents in modern families, legally, step-parents’ rights, responsibilities, and relationships with children are often misunderstood. This confusion partly arises from the complex interplay of legal and cultural language, as well as the overlapping roles of biological and non-biological parents.
What is a step-parent?
A step-parent is someone who marries or enters a civil partnership with one of a child’s biological parents. Living with the child or their parent does not make someone a legal step-parent.
Becoming a step-parent does not automatically confer any legal rights or responsibilities towards the child. A step-parent is not required to provide financial support for the child, nor do they have Parental Responsibility (PR), which grants a parent legal rights and duties over a child.
Without a court order or formal agreement, the law treats a step-parent the same as an unmarried partner.
Many step-parents develop close relationships with their step-children and help raise them. However, without PR, step-parents’ rights are very limited, and they cannot make legal decisions about the child’s upbringing, such as their education, health needs, or general welfare.
Can a step-parent obtain PR?
Yes, a step-parent can obtain PR through three main legal avenues:
- The first method is by signing a Parental Responsibility Agreement. Both biological parents who already have PR must consent to this. If they do, the step-parent gains equal rights and responsibilities.
- The second method involves applying for a Parental Responsibility Order through the court. This can happen even if one parent with PR does not agree to the arrangement. The court takes into account the step-parent’s role, their relationship with the child, and the reasons for their application. Everyone with PR will be informed and has the right to object. (Note that a non-married person who is effectively a step-parent to a child can apply for a Child Arrangements Order, but they may need the court’s permission first, depending on their legal status and relationship with the child.)
- The third option is adoption, which gives the step-parent full PR and removes PR from the other biological parent. Courts usually consider adoption only if the other parent is absent or deceased.
Step-parents’ rights: Temporary delegation of PR
A parent can informally grant a step-parent temporary authority to look after their child. This might happen, for example, if the parent travels abroad and leaves the child in the step-parent’s care. In such cases, the step-parent can handle routine matters, such as school runs or doctor appointments. However, this informal delegation does not include making major decisions, like surgery or changing schools.
To avoid confusion, the parent should write a brief letter. This letter should explain that they have temporarily delegated PR. It should also include emergency contact information and details about the other parent, if applicable. Sections 2(9) and 3(5) of the Children Act 1989 allow for this kind of temporary delegation.
What happens if a parent dies?
When a parent with PR dies, the surviving parent usually takes full responsibility for the child, even if they have not played an active role in the child’s life. If the court has issued a Child Arrangements Order naming the deceased as the person the child lives with, the court will reconsider the arrangements.
If no parent with PR survives, a legal guardian named in the deceased parent’s Will may take over. A parent wanting their partner to care for the child after their death should plan ahead. They can apply for a Child Arrangements Order to name the step-parent or appoint the step-parent as guardian in their Will.
A written letter of wishes can explain the parent’s concerns and preferences. Although this letter is not legally binding, it may be considered in future court decisions.
If guardianship takes effect, the guardian automatically gains PR.
What happens if the parent and step-parent separate?
If the couple separates, the step-parent does not automatically have the right to contact the child. Even if the step-parent has PR, they may not keep it unless they have adopted the child.
To maintain a relationship, the step-parent can apply for a Child Arrangements Order, which can name them as someone the child lives with or spends time with. They can apply without court permission if they still meet certain criteria:
- They must still be married to the child’s parent, or
- They must have lived with the child for at least three years, ending within three months of the application, or
- They already have PR, or
- They have consent from everyone who holds PR.
If none of these apply, they must seek the court’s permission to proceed.
When making a decision, the court focuses on the child’s welfare. It examines the child’s physical, emotional, and educational needs. The court also considers the child’s wishes and feelings, where appropriate. If the court names the step-parent as the person the child lives with, the step-parent gains PR automatically. In other cases, the court may decide to grant PR, but it is not guaranteed.
Step-parents’ rights: Final thoughts
Every family and every step-parent relationship are different. If you wish to formalise your role in your step-child’s life, always seek expert legal advice. We can help clarify your rights and options and guide you through the most suitable legal process.