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What rights do step-parents have?

Kathryn McTaggart,
Divorce & family law solicitor Cardiff

Your legal duties and responsibilities for step-children

It is commonplace for estranged couples to set up home with a new partner. In most cases, this is beneficial for the child – once they have got used to the changes – and helps provide a settled, family home. But no matter how closely a step-parent becomes involved in the lives of their partner’s children, or how much they contribute to their upbringing, financially or otherwise, they will not automatically gain parental responsibility.

This is particularly relevant when it comes to looking after step-children. For instance, if a step-parent is looking after a child during school holidays and they have an accident needing serious and urgent medical treatment, a step-parent cannot give consent for this to be carried out. This can only come from someone who has parental responsibility.

Since 5 December 2005, step-parents have been able to acquire parental responsibility through a formal agreement or court order, in a similar way to unmarried fathers.

However, step-parents still will not have parental responsibility until each person who already has that responsibility, normally the natural parents, have signed the agreement.

On acquiring parental responsibility, a step-parent has the same duties and responsibilities as a natural parent. Parental responsibility is defined as ‘all the rights, duties, powers, responsibilities and authority which, by law, a parent of a child has in relation to the child and their property’.

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