Adoption of a Stepchild: Your Guide to Step-Parent Adoption in UK Family Law
Blended families are increasingly common in the UK, making step-parent adoption an important consideration for some families. Adopting a step-child can be an important step that formalises loving bonds and can provide children with lasting security. It can also be important to reflect the position on the ground, for example if a child is living with a step-parent who has not adopted them this may lead to issues were the natural parent to pass away. This guide explains the requirements, process, and key legal considerations for step-child adoption in England and Wales.
What Is Step-Parent Adoption and Why Does It Matter?
Step-parent adoption allows a step-parent to become a child’s legal parent, alongside their partner or spouse, formalising the relationship between the step-parent and the child. Step-parent adoption typically involves adopting a partner’s child from a previous relationship. Often adoption by the step-parent is a natural stage to reflect the emotional bond that has developed with the child and to ensure that the step-parent has the authority to take decisions about their care in day-to-day life. Adoption grants the step-parent full parental responsibility, including rights to make decisions about the child’s health, education, and welfare, ensuring the child’s welfare and best interests are prioritised. When an adoption order is made, the non-resident biological parent’s parental responsibility is usually extinguished. A new birth certificate can also be issued, reflecting the reality of the new family unit.
Who Can Apply: Eligibility Criteria
- The prospective adopter must be over 21 years old;
- The child must be under the age of 18;
- They must be married to, in a civil partnership with, or living with the child’s natural parent;
- They must have been living as a family with their partner’s child for at least six months before the application is made;
- They must notify the local council at least three months before submitting a court application for adoption;
- They must complete an assessment as to their suitability; and
- They must have had permanent residence in the UK, Channel Islands, or Isle of Man for at least a year.
Understanding Parental Responsibility
Parental responsibility refers to the legal rights and duties that a parent has for their child’s upbringing, including the right to make key decisions about their health and education. Biological mothers receive parental responsibility automatically, and a father will gain it if married to the mother or named on the birth certificate. It is also possible to make an application to the court for parental responsibility to be granted. Step-parents do not automatically receive parental responsibility, but it is often sensible and practical for them to acquire it. A step-parent adoption order is one way to obtain parental responsibility. It is also possible to acquire parental responsibility by agreement or by making an application to the court for a Parental Responsibility Order.
The Step-Parent Adoption Process
Step 1: Notify Local Authority
Contact the Local Authority at least three months before making an application to the court to notify them of your intention to apply to the court. The Local Authority will wish to conduct an assessment and meet with you to discuss the adoption process and assess your suitability (see step two).
Step 2: Social Worker Assessment
A Social Worker will conduct interviews, home visits, and safeguarding checks (including checks in other countries if relevant), and prepare a detailed report. This report includes details about the child, the child’s birth parents, any safeguarding issues, family dynamics, and the presence of siblings.
Step 3: Parental Consent
The court will seek consent from both birth parents, as both must agree to the adoption unless the court decides otherwise. If the other birth parent disagrees, the court may choose to dispense with consent if it is in the child’s best interest, especially if the parent is uninvolved, absent, or there is a risk of harm to the child. The wishes of older children may be taken into account, and if the child is over twelve years old, they must consent to the adoption.
Step 4: Court Application and Hearing
An application should be submitted to the Family Court using Form A58. The judge will review the written social worker report, written evidence, and all parties’ positions before making a decision at a hearing. The court will be concerned to ensure that the child’s welfare is safeguarded and promoted throughout their life.
Legal Consequences of Adoption
If an adoption order is granted, then the adopter becomes a legal parent of the child. This means that:-
- The adopter will hold full parental responsibility for the child;
- Legal ties between the child and the non-resident birth parent will usually be severed (unless ordered or agreed otherwise);
- A new birth certificate will be issued and there may also be a change of surname.
In addition to these legal consequences, there are also likely to be emotional and practical benefits for the children concerned.
Common Challenges and Considerations
Obtaining Consent from a birth parent
If a birth parent refuses to agree to the adoption, then the court will examine their involvement in the child’s life and consider whether their objection is valid. At every stage, the court prioritises the best interests of the child. If a birth parent does not consent, then there will be a contested hearing at which the court will hear from all of the relevant parties and consider what is in the best interests of the child.
Safeguarding Checks
Cafcass will be instructed to carry out safeguarding checks in England and Wales. However, if the step-parent has lived abroad, then safeguarding checks can take additional time.
Emotional and Psychological Impacts
Adoption changes family dynamics for both children and adults and may affect relationships within the family. It is a significant life event and the impact on the child should be carefully considered. The step-parent/ step-child relationship can be complicated and care needs to be taken to build a solid relationship at a pace that is dictated by the child. There is little merit in making an application for adoption if the child is not entirely on board. Seeking support from professionals, connecting with support workers, and talking openly about concerns are essential.
Financial Responsibilities
Following adoption, the adoptive parent will have financial obligations to maintain the child. In the event that the adoptive parent were to die without having made a will, then the adoptive child would inherit under the Intestacy rules.
