Acquisition of parental responsibility by step-parents and others
Published by a LexisNexis Family expert
Practice notesAcquisition of parental responsibility by step-parents and others
Published by a LexisNexis Family expert
Practice notesStep-parents
A step-parent who is married to or the civil partner of a parent of a child who has Parental Responsibility may apply for an order for parental responsibility or may enter into a parental responsibility agreement. The explanatory notes to the Adoption and Children Act 2002 (ACA 2002), (which inserted section 4A(1) to the Children Act 1989 (ChA 1989)) state that the Intention is to provide an alternative to adoption where a step-parent wishes to acquire parental responsibility for their step-child. It has the advantage of not removing parental responsibility from the other birth-parent and does not legally separate the child from membership of the family of the other birth-parent.
Parental responsibility agreement
Step-parents may acquire parental responsibility for their step-child by entering into a parental responsibility agreement.
In relation to a parental responsibility agreement:
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where both of the child's parents have parental responsibility, the agreement must be between the step-parent and the child's mother and father
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where only the mother has parental responsibility, the agreement must be with her
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the parties
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