You Want to Adopt Your Step-Child
Step-parent adoption permanently transfers parental rights and responsibilities. The process involves the local authority, the court, and — crucially — the consent of the child's other birth parent.
Quick Answer
To adopt your step-child you must have lived with the child and their parent for at least 6 months, give the local authority 3 months' written notice, and then apply to the Family Court. The birth parent whose parental responsibility will be extinguished must consent, or the court must dispense with their consent on statutory grounds. An adoption order permanently severs the legal relationship with the other birth parent.
Full Explanation
Step-parent adoption is governed by the Adoption and Children Act 2002. Under section 51(2), a step-parent (the spouse or civil partner of the child's parent) may apply for an adoption order alone without their partner also adopting — this is the 'step-parent' route. The applicant must be married to or in a civil partnership with one of the child's parents.
Before applying, the prospective adopter must give at least three months' written notice to the local authority of their intention to adopt (s.44(3) of the 2002 Act). The local authority must then investigate and provide a report to the court. The applicant must also have lived with the child for at least six months prior to the application (s.44(4)).
The consent of each parent or guardian with parental responsibility is required (s.47). In the case of step-parent adoption, this typically means the birth father (if he has parental responsibility) or birth mother must consent. A parent can give consent in advance before a CAFCASS officer (Form A104). If the birth parent refuses to consent, the court may dispense with their consent if either: the parent cannot be found or is incapable of giving consent; or the child's welfare requires the dispensation (s.52(1)(b)).
The court must apply the welfare checklist (s.1(4)) and the 'no delay' principle. An adoption order is final and irrevocable — it extinguishes all existing parental responsibility (including the birth parent's) and vests it in the adopter. The child's birth certificate is replaced with an adoption certificate. This is a significant and permanent legal step, and courts will carefully consider whether the child's welfare genuinely requires adoption as opposed to a Child Arrangements Order or a Special Guardianship Order, which preserve the child's legal relationship with both birth parents.
The child's own wishes and feelings are important — particularly for older children. The court will want to know whether the child understands the implications of adoption and their views will be given appropriate weight depending on their age and maturity.
Legal Basis
- §Adoption and Children Act 2002 s.50 — eligibility: adoption by couple
- §Adoption and Children Act 2002 s.51(2) — step-parent adoption route
- §Adoption and Children Act 2002 s.44(3)–(4) — notice to local authority and residence requirement
- §Adoption and Children Act 2002 s.52 — dispensing with parental consent
- §Adoption and Children Act 2002 s.1 — welfare of the child as paramount consideration
What To Do
Notify the Local Authority
Give written notice to your local authority's children's services department of your intention to apply to adopt the child. You must have lived with the child for at least 6 months. The authority has 3 months to investigate and prepare a report for the court.
Obtain the Birth Parent's Consent
Contact the birth parent whose parental responsibility will be extinguished and explain the adoption plan. If they consent, they must sign a formal consent form (A104) before a CAFCASS officer. If they refuse, you will need to apply to the court to dispense with their consent.
Submit the Court Application
File the adoption application (Form A58) at the Family Court. Include the local authority's report, evidence of notice, and (if applicable) the birth parent's consent form. Pay the court fee.
Attend the Adoption Hearing
Attend the hearing with the child (if appropriate). The judge will consider the local authority's report, any CAFCASS report, and the child's wishes. If satisfied, the judge will make an adoption order.
Obtain the Adoption Certificate
After the adoption order is made, apply for an adoption certificate from the General Register Office. This is the child's new legal birth record.
Important Deadlines
Important Warnings
Adoption is permanent and irrevocable — the child loses all legal ties to their other birth parent including inheritance rights (unless covered by a will) and parental responsibility. Consider whether a Child Arrangements Order or Special Guardianship Order would achieve the family's goals less permanently.
If the birth parent has parental responsibility and refuses consent, the proceedings will become contested and are likely to be complex — instruct a family solicitor.
The child's welfare, not the wishes of the adults, is the court's paramount consideration — older children's views will be taken seriously.
Frequently asked questions
- What are the basic requirements for adopting my step-child?
- To adopt your step-child, you must be married to or in a civil partnership with one of the child's parents. You must have lived with the child for at least six months before applying. Additionally, you must give the local authority at least three months' written notice of your intention to adopt before submitting your application to the Family Court.
- Does the other birth parent need to agree to the adoption?
- Yes, the birth parent who has parental responsibility must consent to the adoption. They can provide this consent in advance by signing a formal consent form before a CAFCASS officer. If the birth parent refuses to consent, the court may still proceed if it determines that the child's welfare requires the adoption or if the parent cannot be found or is incapable of giving consent.
- What happens to the legal relationship with the other birth parent?
- An adoption order is final and irrevocable. It permanently severs the legal relationship between the child and the other birth parent, extinguishing their parental responsibility. The child's birth certificate is replaced with an adoption certificate. This means the child loses legal ties to the other birth parent, including inheritance rights, unless specifically covered by a will.
- How long does the notice to the local authority take?
- You must give the local authority at least three months' written notice of your intention to adopt before filing your court application. The local authority will then investigate the case and prepare a report for the court. You must also ensure you have lived with the child for at least six months prior to making the application.
- How much say does the child have in the adoption process?
- The court considers the child's welfare as the paramount consideration. For older children, the court will want to know their views and whether they understand the implications of adoption. The child's wishes and feelings are given appropriate weight depending on their age and maturity, ensuring their perspective is seriously considered in the decision.
- What happens if the birth parent refuses to consent?
- If the birth parent with parental responsibility refuses to consent, the proceedings become contested and complex. In such cases, it is advisable to instruct a family solicitor. The court will then decide whether to dispense with the parent's consent based on statutory grounds, such as the child's welfare requirements or the parent's inability to consent.