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Do step-parents need to adopt … or does Reid need PR?
Practice area: Family
Peter Andre was recently asked whether he would agree to his children being 'adopted' by Alex Reid, the new husband of his former wife, Katie Price.. Andre's tearful response to questions by Sky News' Kay Burley made headlines. But what are a step-parent's rights when they marry someone who already has children from a previous relationship. Is adoption necessary? The broad answer is generally no.
It is estimated that 2.5m children in the UK live with step-parents. Becoming a step-parent enters you into a new complicated world of legal rights. Imagine you live with your new wife and she has two children from a previous relationship. She is taking the youngest child to visit friends overnight leaving the older child with you. You agree the older child can go out on their bike with friends. Half an hour later there is a knock on the door from the Police. There has been an accident and a bus has collided with your step-child on their bike. The paramedics are at the scene. Your new wife and her younger child are travelling and you cannot get an answer on their mobile phone.
What can you do and more importantly what are you allowed to do? The answer depends on who has parental responsibility.
A step-parent, even when married to a parent of a child, does not acquire parental responsibility (PR) automatically. Having PR means the rights and responsibilities relating to a child. PR covers things like clothing, when the child lives, education and making sure that the child is safe.
A mother of a child automatically has PR. Fathers automatically share PR if they are married to their child's mother. An unmarried father, since 1st December 2003, shares PR with the mother if he is named on their child's birth certificate. If as a father you do not already have PR you can acquire it by signing a PR agreement with the mother or by obtaining a Court Order. The agreement is then registered with the Courts.
From 5th December 2005 step-parents can also share PR through a formal agreement or Court Order but this is not gained automatically on marriage. For a formal agreement each person with PR has to sign the agreement (usually the biological parents of the child). Once the PR agreement or Court Order is in place the step-parent has the same rights and duties as the child's natural parent.
So, watch carefully to see if Alex Reid makes an application to Court for PR of Andre and Price's children or if he signs a PR agreement!
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