As Father’s Day approaches, many children will be celebrating not only their biological dads but also the men who have stepped in, stepped up, and loved them as their own: stepfathers. For many families, a stepfather is a daily presence — a school-run driver, bedtime storyteller, football coach, and quiet hero.
This Father’s Day, we are shining a light on the legal rights of stepfathers and what you can do if you are navigating parenthood without recognition.
Legal Standing
Although you may be a major emotional and practical presence in your stepchild’s life that does not automatically bestow on you any legal rights and obligations in respect of that child. The only way for you to change your legal status There will be no change to your parenting status in the eyes of the law and unless you have taken specific legal steps you will not have the right to make decisions about the child’s healthcare or schooling, access medical records or school reports or decide where the child lives.
That can feel like a slap in the face to many stepfathers who have done the day-to-day work of parenting. Unfortunately, from a legal standpoint even marriage to the child’s mother does not grant you Parental Responsibility (PR) for the child.
Ways to gain legal recognition
- Parental Responsibility Agreement
You can enter into a Parental Responsibility Agreement with the mother of the child. This is a straightforward process and provided that everyone with parental responsibility for the child agree i.e. the child’s biological father, that then gives you the legal authority to participate in key decisions for the child.
- Court-Ordered Parental Responsibility
If agreement is not possible, you can apply to the Family Court for a Parental Responsibility Order. The court will consider:
- Your involvement in the child’s life
- Your commitment to them
- The child’s best interests
- Child Arrangements Order
If as a step-parent you are successful in obtaining a Child Arrangements Order for a child whom you care for to live with you, either with the child’s biological parent or by themselves, then such order will confer parental responsibility on you.
- Adoption or Special Guardianship
In some circumstances, stepfathers may pursue adoption (which ends the legal link with the other biological parent) or special guardianship (a more flexible but still powerful status).
Can a Stepfather Keep Contact after Separation?
If your relationship with the child’s mother has ended, you might fear losing the bond you have built with your stepchild. Unfortunately, stepfathers don’t have automatic rights to spend time with the child after a breakup. The Court has however ruled in the past that parenthood is about more than just genetics and emphasised the child’s right to maintain relationships with significant adults in their life — even if they are not biological parents.
It is therefore possible for you to apply to the court for a Child Arrangements Order — either for regular contact (a Spend Time With Order) or, in some cases, for the child to live with you (a Live with Order).
You will usually need the court’s permission unless you already have Parental Responsibility for the child.
Attendance at a family mediation information and assessment meeting (MIAM) is a compulsory step prior to issuing an application unless a MIAM exemption applies. Advice would be needed as to whether your circumstances qualified for any exemption.
When determining an application for Parental Responsibility or a Child Arrangements Order in respect of a child, the child’s welfare will be the court’s paramount consideration. The court will also consider the degree of commitment which you will have had towards the child and the level of attachment between you and the child and the reasons for your application.
This Father’s Day we wish to remind all the stepfathers that whether you are in a happy, blended family or navigating unchartered waters of post-separation the Courts can support your continued role in the child’s life especially if it is in the child’s best interests.
If you are ready to take the next step toward formalising your place in your stepchild’s life and need advice on your legal position as a stepfather please do not hesitate to reach out to a specialist family solicitor today.
