Step-parent parental responsibility CA 1989 s. 4A
Under CA 1989 s. 4A, a step-parent married to or in a civil partnership with a parent may obtain parental responsibility by agreement or court order.
4A Where a child’s parent (“ parent A ”) who has parental responsibility for the child is married to , or a civil partner of, a person who is not the child’s parent (“ the step-parent ”)— parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child. An agreement under subsection (1)(a) is also a “ parental responsibility agreement ”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4. A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application— of any person who has parental responsibility for the child; or with the leave of the court, of the child himself. The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a step-parent to acquire parental responsibility for a child. To qualify, the step-parent must be married to, or in a civil partnership with, a biological or legal parent who already has parental responsibility.
Parental responsibility can be obtained in one of two ways: by a formal written agreement or by a court order. If only one parent has parental responsibility, the agreement must be between that parent and the step-parent. If both parents have parental responsibility, both parents must agree and sign the agreement alongside the step-parent. Alternatively, the step-parent may apply directly to the court for an order granting parental responsibility.
Once granted, a step-parent parental responsibility agreement or order cannot be brought to an end by the parents informally. It can only be terminated by a court order, upon an application by anyone who holds parental responsibility or by the child with the permission of the court.
When it applies
- A stepfather married to a mother with sole parental responsibility signs a formal agreement to share parental responsibility.
- A stepmother in a civil partnership with a father applies for a court order for parental responsibility after the biological mother refuses to sign an agreement.
- A step-parent and both biological parents who hold parental responsibility sign a parental responsibility agreement.
- A person holding parental responsibility applies to court to revoke a previously granted step-parent parental responsibility agreement.
What this section does not say
- Unmarried cohabiting partners seeking parental responsibility without adopting the child.
- Automatic acquisition of parental responsibility simply by marrying a parent.
- Appointment of guardians for a child following a parent's death, which is covered under section 5.
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This page reproduces the text of CA 1989 s. 4A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.