If your partner has a child from a previous relationship, you may want to take on a formal role as a step-parent. We can represent you if you are considering adopting as a step-parent, guiding you through the adoption process and ensuring you understand the implications.
Adoption Orders
An adoption order gives an individual parental rights and responsibilities in respect of the child who is the subject of the order. In adoptions where a child is adopted outside of their birth family, existing parental ties are ended. However, in step-parent adoption, the rights of the parent caring for the child remain in place.
The rights of the child’s other parent, if they are still living, will be ended on adoption. For example, if a child’s mother remarries and the new husband adopts the child, the child’s birth father will cease to have parental responsibility.
Once an individual becomes an adoptive parent, they will be responsible for the child as if they were a birth parent with parental responsibility. They will be liable for maintenance should they split up with the child’s other parent. The child will have the right to inherit from their adoptive parent, should the parent die without leaving a Will.
It is also the case that the adoptive parent will have the right to maintain contact with the child after a separation or divorce.
Alternatives to Step-Parent Adoption
As step-parent adoption severs ties between the child and the parent who is not caring for them, it is not always appropriate. The court will not usually grant an adoption order if a child’s second parent is still in their life. However, the law recognises that blended families are increasing and provides other ways in which a step-parent can formalise their relationship with their step-child.
Parental Responsibility
Parental responsibility refers to the rights, duties, powers and obligations that a parent has towards their child. It is automatically held by a child’s birth mother and also the father if they were married at the time of the birth or if the father is named on the birth certificate.
It may be possible for a step-parent to be granted parental responsibility. If the birth father does not have parental responsibility, then the child’s mother can grant parental responsibility to a step-parent by entering into a parental responsibility agreement with them.
This is also possible if a father has parental responsibility, provided he agrees and enters into the agreement as well as the child’s mother.
Individuals with parental responsibility have the right to be consulted about major decisions in the child’s life, such as where they will go to school, what religion they will follow and what medical treatment they will receive.
For more information, see our parental responsibility guide.
Residence Order
Residence orders are now referred to as child arrangements orders and set out a range of details in respect of a child’s care following the breakdown of the parent’s relationship. The order will usually set out where a child will live, who will have their main day-to-day care and when the child will see their other parent.
The court can be asked to make a ‘lives with’ order, stating that a child will live with a parent and step-parent. This can be dealt with by way of consent between all parties. Alternatively, if an agreement cannot be reached, then the court can be asked to decide the matter.
For more information, see our child arrangements orders page.
Special Guardianship Order
Special guardianship is generally taken on by someone with a close relationship to a child. The special guardian will take on permanent parental responsibility for the child and will have a greater say than the child’s parents in respect of decisions. Special guardianship is only usually available to a step-parent if the child’s birth parents are no longer in the child’s life, for example, if they have died.
Change of Name
Another option that might help to bond a child and step-parent is to change the child’s surname to that of the step-parent. This can mean that the child has the same surname as their mother and siblings, half-siblings or step-siblings.
You will usually need the consent of everyone with parental responsibility before a child’s name is changed. If your child’s other parent does not consent, you can apply to the court for a specific issue order. The court will consider whether it believes a change to be in the child’s best interests. If the child’s other parent is not in agreement, then strong reasons for the change would need to be put forward.
Who is Eligible to Apply for Step-Parent Adoption?
If you want to adopt your partner’s step-child, you should be married to them or have been in a relationship with them for a lengthy period of time, usually at least one year. You need to have lived with the child continuously for at least six months.
You need to be at least 21 and the child should be aged under 18. You must also be a UK resident or have lived legitimately in the UK for at least a year.
How to Apply for Adoption of a Step-Child
The first step is to write to your local authority and advise them that you wish to adopt your step-child. This must be done at least three months before you apply to the court for an adoption order.
The local authority will then carry out an assessment, looking into your family situation and that of your step-child and prepare a report. The report will include a range of information, such as information about the relationship between you and your step-child as well as their relationship with their other relatives and what the likely effect of adoption on the child will be. If the child’s other parent is absent, you will also need to show that attempts have been made to contact them.
You can then make an application to the court for an adoption order. You will need the consent of both of the child’s parents unless the court decides that one parent does not need to consent, for example, if they are absent from the child’s life. The court may ask Cafcass to get involved at this stage.
We can represent you in seeking an adoption order and where necessary, advise you in respect of other options open to you.
How Long Does Step-Child Adoption Usually Take?
The length of time taken to secure an adoption order as a step-parent will vary according to the workload of both the local authority and the court. If you call us, we can advise you of the current likely timescale in your location.
Our Step-Parent Adoption Solicitors
We know that dealing with adoption as a step-parent can be a sensitive issue and you will find our family law team to be understanding and helpful. If adoption is not possible in your situation, we can advise you of the other ways in which you may be able to formalise your relationship with your step-child.
Our family law team routinely deal with step-parent adoption for blended families. We understand how important it is to you to have the legal foundation for your family that you need. We can advise you of the strength of your case and prepare an application for an adoption order on your behalf. We can also provide advice and representation in the event that an adoption is opposed, including assistance in respect of other available options.
To speak to one of our expert family lawyers, email us at info@witansolicitors.co.ukor fill in our contact form and we will talk through your situation with you and discuss how we can help.
FAQ
What is an adoption order?
An adoption order is a legally binding order that gives adoptive parents parental responsibility for a child. It also severs the legal ties between a child and their parents. With step-parent adoption, the legal ties between the parent who is still with the child will be restored and both the new adoptive parent and their partner, the child’s natural parent, will have parental responsibility.
Can an adoption order be declined and why?
The court will always prioritise the best interests of the child in deciding whether to make an adoption order. It is also the case that wherever possible, the ties between a child and their parents will be promoted. This means that if a child’s parent is still involved in their life and the parent objects to the adoption by a step-parent, the court is unlikely to grant an adoption order.
In making its decision, the court will take into account a range of issues set out in the Adoption and Children Act 2002 section 1(4). These include:
- The child’s wishes taking into consideration their age and level of understanding
- The child’s needs
- The likely effect on the child
- The relationship the child has with their relatives and the prospective adopter
Does my ex-partner need to agree to the adoption?
Ideally, an ex-partner does need to agree to the adoption. If they have parental responsibility and they object to the adoption, it is unlikely it will be ordered by the court. If they are absent and attempts have been made to locate and contact them, the court may decide to make an adoption order in their absence, but you would need to show very good reasons why this should be done.
If the other parent does not have parental responsibility but is involved with the child, then the court will take this into account when deciding what decision to make.
Do I have to tell the other parent about the adoption at all?
Yes, your child’s other parent must be notified if you wish a new partner to adopt their child and their consent must be sought.
Can I adopt my step-child if I’m not married to my partner?
Yes, if you are in a stable relationship with your partner that has lasted at least a year and you have lived with your step-child for at least one year, then you may be able to adopt them.
Is my child going to be involved in the adoption process?
Yes, the court will take into account a wide range of welfare considerations and the local authority will meet your child so that they can prepare a report to help the court decide on the right course of action. Depending on your child’s age and understanding, the social worker or other individual preparing the report will want to talk to them about their wishes and feelings relating to the proposed adoption.
Why should I contact a solicitor for step-parent adoption?
The process of adopting a step-child is not always straightforward and it is important to make sure you know your rights and that the correct procedure is followed. An expert adoption solicitor will be able to ensure that you understand the implications of step-parent adoption and that your application stands the best possible chance of success.
