Blended Families and Stepparents

In recent decades, the traditional ‘nuclear’ family model has given way to an increasingly diverse landscape of family arrangements, and alternative family structures are now a significant and visible part of society. The Family Court has adapted to recognise these complex and varying relationships.

Alternative family arrangements may include:

1. Single parent families
2. Blended families with stepparents and step or half-siblings
3. Foster or adoptive parents
4. Kinship care – children living with a family member or guardian other than their biological parents (sometimes with a Court order in place)
5. Children born through surrogacy, sperm or egg donation

These differing arrangements reflect the evolving nature of family life, and the legal system increasingly recognises and supports these diverse caregiving roles. At Ellisons, we recognise that families come in all shapes and forms, and we are committed to supporting you regardless of your family’s structure.

Stepparents and Blended Families

A stepparent is generally defined as someone who is married to, or in a civil partnership with, a child’s biological parent, but is not the child’s biological parent themselves. However, increasingly, couples are choosing to cohabit long-term rather than marrying or entering into a civil partnership, and depending upon the family’s preference, may still be considered a stepparent.

Stepparents in England and Wales don’t automatically gain Parental Responsibility for their partner’s child(ren), even if they are married. There are several legal routes for a stepparent to gain Parental Responsibility depending upon their situation.

What is Parental Responsibility?

Parental Responsibility for a child means having the legal rights, duties, powers, and authority to make important decisions about a child’s upbringing. This includes things like:

• Ensuring the child’s safety and wellbeing
• Deciding on education and medical treatment
• Choosing and agreeing to changes in the child’s name
• Determining the child’s religion or cultural upbringing
• Giving consent for travel abroad
• Managing the child’s property or finances

If there is more than one person with parental responsibility, they must consult each other when making these decisions.

A child’s birth mother will automatically have parental responsibility. The biological father will have it if he is married to the mother at the time of the birth or listed on the child’s birth certificate.

If a same-sex couple is married or in a civil partnership at the time of conception, both partners have parental responsibility for the child from birth. If they are not married or in a civil partnership, the second partner can be named on the birth certificate, and thereby gain parental responsibility, if the child was conceived through a licensed fertility clinic.

Stepparent Parental Responsibility Agreement

If everyone with Parental Responsibility for a child (typically the biological mother and father, although not always) agrees, a Stepparent Parental Responsibility Agreement can be signed, which would grant Parental Responsibility to the stepparent. This is only possible if the stepparent is married to the child’s mother or father.

The Stepparent Parental Responsibility Agreement must be signed by all parties and registered with the Family Court.

Parental Responsibility Order

If matters are not agreed, or the stepparent does not meet the conditions for a Stepparent Parental Responsibility Agreement, then a stepparent can apply for a Parental Responsibility Order. These can be applied for by individuals who do not already have Parental Responsibility but have a meaningful connection to the child. This may include:

1. Stepparents
2. Biological fathers that do not already have Parental Responsibility
3. A child’s second female parent
4. Another adult with a significant caregiving role for the child (if the court will grant permission for the application)

The court’s primary concern will be the best interests of the child, and they will take into account the child’s welfare, the applicant’s involvement with and commitment to the child, their relationship, whether making an order would cause any disruption to the child’s life, and the views of everyone else with parental responsibility.

Child Arrangements Order

Depending upon the circumstances, a stepparent may also consider applying for a Child Arrangements Order stating that the child lives with them. This will grant Parental Responsibility for as long as the order remains in place.

More information on Grandparents’ Rights, and Special Guardianship Orders.

At Ellisons, our specialist family lawyers can review your specific circumstances, and we recommend obtaining advice at the earliest opportunity.  We offer a free exploratory call so that we can match your specific needs with the right person in our family team.  For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford,  Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment.