Part 2

Amendments of the Children Act 1989

Acquisition of parental responsibility by step-parent
112
After section 4 of the 1989 Act there is inserted—

Acquisition of parental responsibility by step-parent
4A
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.
S. 112 in force at 30.12.2005 by S.I. 2005/2213, art. 2(k) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)