Stepparents: What are your rights?

Over recent years, the nature of the family unit has changed substantially. In particular, divorce has lost its stigma and remarriages are common.

This has led to an increase in step-relationships. With that in mind, here Nanette Kendrick, Head of Business and Marketing at Lovedays Solicitors, provides her insight into the legal aspects of step-parenting.

Understanding parental responsibility

Parental responsibility means exactly what the name suggests. It refers to the responsibility of providing for a child. Parental responsibility typically confers parental rights. For example, somebody with parental responsibility typically has the right to be consulted in all important matters relating to the child.

This is, however, not absolute. Likewise, the right to be consulted does not automatically mean that a person’s opinion will be acted on. There is, however, an expectation that it will be acted on unless there is a very compelling reason for it to be overruled.

Who automatically has parental responsibility?

In the UK, a child’s birth mother automatically has parental responsibility for them. If a man is named on the birth certificate as the child’s father, he will also have parental responsibility for the child. If a man is married to the child’s mother, he will usually have parental responsibility for the child even if he is not named on the birth certificate.

Likewise, if a man marries the child’s mother, he will usually gain parental responsibility for her children unless another man is named on the birth certificate or otherwise claims paternity. Despite the name, stepparents do not automatically get parental responsibility for stepchildren. They can, however, acquire it.

How do stepparents acquire parental responsibility?

There are two main ways stepparents can acquire parental responsibility. These are by agreement and by court order. There are various ways a court can assign a stepparent parental responsibility.

The most straightforward route is via a Parental Responsibility Order. In some cases, however, a stepparent may be granted a Child Arrangement Order. A stepparent may also become a child’s legal guardian or special guardian.

None of these orders revokes the parents’ existing parental rights. Generally, only adoption will do that. In theory, courts have the power to revoke parental rights without adoption. In the case of biological parents, this is very rarely done.

With stepparents, the situation is somewhat more complicated. If a court grants a stepparent parental responsibility, the assumption is that it will stay in place until the child is an adult. The stepparent may petition a court to have the Order revoked (as may the biological parents). The court may, however, choose to decline the order if they feel it would disadvantage the child.

How stepparents may become financially responsible for stepchildren

If a stepparent assumes effective responsibility for a stepchild, then they may be required to support their former stepchild in the event of a divorce. This would apply even if they did not have explicit parental responsibility for the child.

With that said, if a former stepparent had financial responsibility for a former stepchild, any request for access to the stepchild would probably be treated very sympathetically.

Under current rules, the Child Maintenance Service cannot assess stepparents in the same way as they assess biological parents. This means that any claims for support would have to go through a court.

Alternatives to parental responsibility

It may be appropriate for a stepparent to be given Power of Attorney relating to a child rather than full parental responsibility. This would give them authority to act in a medical emergency if neither parent was available.

The importance of legal advice

Family dynamics can be complicated and the law around them isn’t always simple to understand. This means that it’s highly advisable to get legal advice before a major life event such as marriage. If you’re already married, then you should make it a priority to speak to a lawyer to ensure that your legal situation is what you want it to be.