The question is often raised as to whether a step-parent living with their partner's child can acquire parental responsibility and, if so, how. The law is clear that a step-parent who is either married to, or else is the civil partner of a parent of a child who has parental responsibility may apply for an order for parental responsibility or enter into a parental responsibility agreement (PRA). According to the explanatory notes to the Adoption and Children Act 2002 (ACA 2002), itself an amendment of the Children Act 1989 via the inclusion of Section 4A(1), such a possibility has been included to offer an alternative to adoption. The main advantages for the child are that such a process does not remove parental responsibility from the other birth parent and the child is not legally separate from membership of the family of their birth parent. They also are entitled to inherit from their other birth parent, which is not the case if they are adopted and the will is not clear as demonstrated in Coulson v Paul [2024]. 

As noted, one of the easiest ways to acquire parental responsibility is by entering into a PRA. For it to be valid, there are however some conditions: 

• Where both the child's birth parents have parental responsibility, the agreement must be between the step-parent and the child's mother and father.
• Where only the mother has parental responsibility, the agreement must be with her.
• The parties must complete a Step-parent Parental Responsibility Form (C(PRA2)).
• There are formalities and rules governing the recording of such an agreement.
• There is some evidence which should be provided and, in the case of the step-parent, either a marriage certificate or a certificate of civil partnership. For the mother, the birth certificate is required and, for the father, a marriage certificate or a birth certificate if he is registered. Finally, evidence of the identity of the parties. 

Another possibility is to apply to a court for a parental responsibility order (PRO). This option is available to a step-parent who is married or the civil partner of a parent of a child who has parental responsibility. The courts will consider a PRO where the following are a concern or consideration:

• The child's welfare 
• The no order principle
• The welfare checklist

The child’s opinion might also be taken into consideration, depending on their age and level of maturity. In A v M and others [2024], the Court refused to make an order with regard to a 14-year-old who had constantly expressed his wishes, feelings and resistance to the order. The order was, however, made in relation to his younger sister. 

It should be noted that in order to apply for a PRO, the step-parent must still be married to the other parent as, once a step-parent is divorced from the parent of the child, they can no longer apply for or be granted parental responsibility. 

Finally, both the agreement and order automatically end when the child reaches the age of eighteen, the child is adopted, or a parental order is made. It can also be terminated by a court order.