S4 Family Law Act 1975 (Cth) defines a stepparent as a person who:

  • Is not a parent of the child;
  • Is, or has been, married to or a de facto partner of, a parent of the child; and
  • Treats, or at any time while married to or a de facto partner of the parent, treated the child as a member of the family formed with the parent.

A de facto relationship includes same sex couples.

Stepparents are legally defined as a ‘relative’ of the child and are therefore able to make an application to the Family Law Courts pursuant to the Family Law Act.

in Am I a Stepparent
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