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Legal status

Although historically stepfamilies are built through the institution of marriage and are legally recognized, it is currently unclear if a stepfamily can be both established and recognized by less-formal arrangements, such as when a man or woman with children cohabits with another man or woman outside of marriage. This relationship is becoming more common in all Western countries.

There appear to be many cultures in which these families are recognized socially as de facto families. However, in modern Western culture it is often unclear as to what, if any, social status and protection they enjoy in law.

The stepparent is a "legal stranger" in most of the U.S. and has no legal right to the minor child no matter how involved in the child's life they are. The biological parents (and, where applicable, adoptive parents) hold that privilege and responsibility. If the biological parent does not give up their parental rights and custody of the child, the other parent's subsequent marriage cannot create a parental relationship without the biological parent's written consent before a "child" reaches adulthood. In most cases, the stepparent can not be ordered to pay child support.

Stepparents generally do not have the authority to give legal consent to medical treatment for a stepchild, unless the stepparent has legally adopted the child or been designated a legal guardian. A child's parents or legal guardians may sign a statement authorizing a third party to consent to medical care.

If a stepparent legally adopts the partner's child or children, he or she becomes the child's legal parent. In such cases, the parents may stop using the terms stepparent and stepchild and instead refer to the child simply as their son or daughter; depending on the child's degree of affinity for the adoptive parent and/or approval of the legal proceedings culminating in the child's adoption, the child may likewise drop the "step-" designation from his or her description of the relationship. Even when all parties describe the relationship using the terms applied to biological and adoptive families, however, at least some of the emotional and psychological issues common to stepfamilies may or may not persist.Thus, one possibility is that a stepfamily can be reconfigured, and thanks to the biological and adoptive links could leave the condition of a stepfamily.