What happens to a stepchild if their biological parent dies?

If a biological parent dies, the care of their child would typically go to the surviving biological parent if they have parental responsibility. If the stepparent had previously obtained parental responsibility through a Parental Responsibility Agreement, a court order, or adoption, they may continue to have a legal role in the child’s life.

Stepparents who wish to secure their relationship with the stepchild following the death of a biological parent may consider applying for Parental Responsibility, or a Child Arrangements Order, to include a “live with” order.

If the deceased parent appointed the stepparent as a guardian in their will, this could provide strong evidence in court proceedings if the stepparent is seeking to acquire parental responsibility.

Alternatively, with the consent of the remaining biological parent, a stepparent could adopt the child.