Step-parents – what are your legal rights if you want parental responsibility?
The rise of blended families means that more step-parents than ever before are asking themselves this question.
The most recent statistics show that in 2021, there were around 781,000 stepfamilies in England and Wales, 70% of these had dependent children.
Yet however important and active a role you play as a loving step-parent, you do not automatically have parental responsibility.
This means specialist family legal advice is vital if you, as a step-parent, want to obtain parental responsibility and the legal right to make decisions about that child’s life.
What exactly is parental responsibility?
Parental responsibility is all the duties and obligations you have towards a child as a parent.
This covers everything from food, shelter, safety and financial provision to education, religion, discipline, medical treatment, the name by which the child should be known and where they should live.
If you have parental responsibility, you are allowed to make or share in important decisions affecting the child's upbringing.
If you don’t, your legal rights and influence may be limited. For instance, you can’t:
- Make important decisions for the child like choosing where they go to school or what medical treatment they have.
- Stop the mother removing the child from the country.
- Automatically be consulted about the child’s welfare if social services become involved.
How do you gain parental responsibility as a step-parent?
Every case is unique and the family courts will always act in the child’s best interests depending on the family dynamics involved.
Being actively involved as a step-parent in a child’s life and providing a safe and nurturing home environment, are considered important and looked on very favourably by the courts.
However, other factors – for instance a biological parent who despite living elsewhere maintains regular contact with the child and is an involved parent – may lead the court to be cautious in granting a step-parent parental responsibility in a bid to avoid potential conflict.
Parental responsibility can be obtained in the following ways:
A Parental Responsibility Agreement
Contrary to popular opinion, getting married to the child’s parent – or entering either into a same-sex or opposite-sex civil partnership – does not give you automatic parental responsibility as a step-parent.
However, if you as step-parent marry the parent who has parental responsibility you can together enter into a Parental Responsibility Agreement with each person who has parental responsibility.
This form records an agreement that you as step-parent should be granted parental responsibility for the child. It must then be signed in the presence of a court officer or magistrate.
A court application when agreement can’t be reached
If all those with parental responsibility do not agree that you as a step-parent should also have it, then the court will be asked to decide in the best interests of the child.
It will look at factors including:
- Your commitment to the child.
- The attachment between you as a step-parent and the child.
- The reasons, and motivation, for your application.
If the order is granted, you will be allowed to share legal rights and responsibilities with all those with existing parental responsibility for the child including decisions about healthcare, education and upbringing.
A Child Arrangement Order
This is a legal order made by a family court setting out how a child should be cared for after parents have separated or divorced. It determines where a child will live, who they will spend time with and for how long.
If you as step-parent are successful in obtaining a Child Arrangements Order for a child living with you, either with the child’s biological parent or by themselves, then this gives you parental responsibility.
- Our specialist family lawyers can tell you if a Child Arrangement Order is suitable for your circumstances.
What makes Wards Solicitors’ family lawyers different?
We understand that being a parent is much more than the legal position. The relationship a child has with its parents is an emotional and psychological one. Even if you aren't a legal parent or have parental responsibility, your relationship with the child is important.
Whether you are in a relationship or have separated, we can advise you about your legal status and how or whether you should acquire parental responsibility, with specialist advice if you are a father seeking parent responsibility.
We also work closely with our Wills and Mental Capacity Team to make sure that you and your family are protected in the future.
When a relationship ends, we can advise and support you in making arrangements for your children by agreement. Where this isn't possible, we can advise and represent you in connection with court proceedings.
Get in touch
Please contact any member our highly experienced Family Law and Divorce Team for help and more information.
Not only has Wards Solicitors been named as Bristol Law Society’s Regional Firm of the Year 2025, our Family Law practice is highlighted as a recommended service in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals.
In most cases, we offer a free half hour introductory appointment.