With the rise of blended families, the role of stepparents has become central in the lives of many children.
Yet, in France, the legal status of stepparents—whether married, in a civil partnership (PACS), or simply cohabiting—remains largely undefined.
This lack of a specific legal framework has fueled debate and led to the creation of several tools designed to strengthen the recognition of stepparents’ roles.
So, what rights do stepparents have today?
1. Current Situation: No Specific Legal Status
As of today, there is no general legal status for stepparents in France.
Legislators have so far refrained from creating a formal statute, preferring to allow judges to adapt to the circumstances of each family on a case-by-case basis.
2. Existing Legal Tools Available to Stepparents
2.1. Visitation and Personal Relationship Rights
Article 371-4 of the French Civil Code allows judges to grant visitation and contact rights to a stepparent or any third party if doing so serves the child’s best interests.
This right is not automatic: the judge evaluates the child’s interest in each case and may deny the request if it risks disturbing the child or if the child does not wish to maintain contact.
2.2. Delegation of Parental Authority
The Civil Code allows all or part of parental authority to be delegated to a stepparent in certain circumstances—for instance, when a parent is unable to exercise parental authority or when special circumstances require it.
This delegation must be approved by a judge and is only possible when it serves the child’s best interests.
2.3. Shared Parental Authority
Since the March 4, 2002 law, case law has expanded the possibility of sharing delegated parental authority, including within same-sex parent families.
2.4. Everyday Acts of Parental Responsibility
Stepparents can, with the consent of the parent holding parental authority, perform routine acts of daily life for the child (doctor’s appointments, school-related matters, extracurricular activities).
However, they cannot make major decisions about the child on their own.
2.5. Daily Parenting Mandate (Under Discussion)
There have been proposals to create a “daily parenting mandate,” allowing stepparents, through a court-approved agreement, to perform certain parental acts.
3. Toward Greater Recognition: Future Perspectives
3.1. Recent Reform Proposals
Policymakers have repeatedly considered strengthening the legal recognition of stepparents through measures such as:
-
-
- Expanding the acts a stepparent can perform without requiring the other parent’s consent, particularly when the child is temporarily entrusted to the stepparent,
- Establishing a right to maintain contact between a child and a stepparent after separation, subject to judicial oversight and the child’s best interest,
- Simplifying and clarifying parental authority delegation procedures to make them more accessible.
-
3.2. Case Law Developments
Courts continue to expand protections for the child’s best interests, taking into account the emotional and educational bonds formed with the stepparent.
Judges are careful to avoid imposing “excessive parenthood” that could go against the child’s welfare, assessing each situation individually.
Conclusion: Progress, but Still Incomplete
The legal recognition of stepparents’ roles is gradually improving but remains subject to the child’s best interests and judicial discretion.
Existing tools, reinforced by case law, help preserve the continuity of emotional and educational ties between a child and a stepparent in certain cases.
Ongoing reforms aim to make daily life easier for blended families, reflecting a growing commitment to recognizing the diversity of modern family structures.
For any questions about your family situation, do not hesitate to schedule an appointment to explore solutions tailored to your case.
© Photo : AI