Step-parents are a term often loosely used for the partner of a biological or adoptive parent. However, the legal definition of a step-parent is very specific – that is “an individual who is married to, or in a civil partnership with, a child’s biological or adoptive parent”.
It should be noted that a step-parent does not have automatic legal rights (or responsibilities) to a step-child and in day-to-day life this can cause problems for families. For example, there may be urgent decisions that need to be made in relation to the child’s health or welfare when both biological / adoptive parents are not contactable – only a step-parent.
To avoid encountering such issues, a step-parent may wish to apply for Parental Responsibility (PR) for their step-child. Having PR would afford the step-parent with the necessary legal rights to make decisions regarding their medical and educational needs (and responsibility to home and maintain the step-child).
PR applications for step-parents can be dealt with by agreement (provided there is the consent of all those already holding PR – usually the child’s biological mother and father), and endorsed by the Court so as to make any such agreement legally binding. That is a relatively straightforward process.
On the other hand, where there is not agreement a step-parent may apply to the Court for an order for PR. This will involve at least one (but it can be up to three) Court hearings and take, on average, 3 – 12 months to resolve.
It should be noted that an unmarried partner of a biological / adoptive parent cannot legally acquire PR via a PR agreement. They would have to apply to the Court for an order, irrespective of whether those already holding PR for the child agree.
It is advisable to seek legal advice in these situations, and at E J Coombs we can advise upon and assist step-parents with PR agreements or Court applications for PR. Please do not hesitate to contact us today, using the links below, should you wish to discuss your options further.
