4A Acquisition of parental responsibility by step-parent

1

Where a child’s parent (“parent A”) who has parental responsibility for the child is married to a person who is not the child’s parent (“the step-parent”)—

a

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

b

the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.

2

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.

3

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—

a

of any person who has parental responsibility for the child; or

b

with the leave of the court, of the child himself.

4

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.