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    Adopting a stepchild

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    This week is national adoption week 2023. This annual initiative is designed to raise awareness of adoption and its multi-faceted experiences.
    As a family law firm, adoption is matter we support clients with often. And with over 1.1 million children in England and Wales estimated to live in a stepfamily, we’re often asked ‘how can I adopt my stepchild?’
    When couples have children from a prior relationship that live with them, and the step-parents have full day-to-day responsibility for the care of the stepchildren, they may choose to formalise their connection with these children.
    Adopting a stepchild is one way of doing this.
    Here, Resolution accredited adoption specialist and Stowe Senior Associate, Lucy Birch, answers some stepchild adoption FAQs.
    Is there a stepchild adoption assessment?
    If you choose to adopt your stepchild, you will be assessed just as you would if going through a ‘closed adoption’ process using an adoption agency. This ensures that the decision reached is in the best interests of the child.
    The assessment includes a report prepared by a social worker that includes information about you, your partner, the child, and the other birth parent.
    This report will inform the court so they can choose whether to grant the stepchild adoption court order.
    If your application is granted, you will then share parental responsibility for the child – alongside your spouse or partner.
    When and how do you take on parental responsibility during step-parent adoption?
    Successfully obtaining an adoption order from the court under the Adoption and Children Act 2002 provides the adoptive step-parent with parental responsibility for the child.
    The legal implications of this order are far reaching. It’s worthwhile highlighting that when the stepchild adoption order is granted, parental responsibility of the other birth parent (bar the partner or spouse in step-parent adoption cases), and anyone else with parental responsibility for the child, are extinguished.
    The legal significance of the adoption order is therefore great and careful consideration and advice needs to be taken when proceeding with stepchild adoption.
    What does Parental Responsibility entail?
    There is no legal checklist for what parental responsibility entails, however the law accepts that generally, it includes the rights, duties, powers, responsibilities, and authority which by law a parent of the child has in relation to the child and their property.
    In practical terms this encompasses many things, such as decisions about schooling, medical treatment, or religious decisions for the child.
    Having parental responsibility has a significant impact from a legal perspective, including the types of legal orders that you are able to apply to the court for and whether permission is required.
    Importantly, if you have parental responsibility for a child, generally speaking you do not need permission to apply for a variety of orders under the children act.
    Can you change your stepchild’s surname?
    The application for an adoption order is called an A58 form and within the form you can specify what you would like the child’s new name to be recognised as on the adoption certificate.
    Some people decide to change the child’s surname to reflect their new family set-up.
    What are common issues of stepchild adoption safeguarding checks?
    Many of the applications I have dealt with in the UK include adoptive parents who have lived in various other countries around the world. It is worth noting at the outset that upon being matched with a social worker to work with you during the adoption process, they are likely to carry out safeguarding checks not only in the UK but also in the other countries you have lived in to ensure there are no safeguarding risks to the child.
    These checks can take a long time to conduct and conclude, particularly if the jurisdiction in question is notably inefficient at record keeping.
    I therefore always advise parents to make enquiries about stepchild adoption at the earliest opportunity if they are considering applying for an adoption order.
    Do we need the other birth parent’s consent?
    Assuming the other birth parents has parental responsibility, the question of the other birth parent’s consent is a crucial aspect of stepchild adoption proceedings and will determine whether the proceedings are what we call “non-contested” or “contested”.
    I always advise clients to make enquiries regarding the birth parents’ respective position at the earliest point, so that we can advise accordingly.
    If the other birth parent does not give consent, it is necessary to prepare a statement of facts to accompany your stepchild adoption application detailing why the court should dispense with the birth parents’ consent.
    The important things to note here are of course the attachment to the child in question, for example how often has the birth parent been in touch with that child?
    I do warn clients that there is always a possibility that the other birth parent will make a cross application for a child arrangements order once they have been served with adoption proceedings.
    If the other birth parent do not consent and a contested hearing is required, the court will hear evidence from all parties before they establish whether it’s right to remove the need for the other birth parent’s consent.
    In all instances, the fundamental priority of the family court is the child’s welfare.
    Related links
    Step-parent adoption: Insight from a family lawyer
    Who can adopt?
    Stowe Guide: Adopting a Child
    Get in touch
    If you’re looking for advice regarding adopting a stepchild, please do contact our  Client Care Team to speak to one of our specialist lawyers. More

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      Who can adopt?

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      This week is national adoption week, and this year’s aim is to dispel misconceptions about who is, or is not, eligible to adopt. Stowe Adoption Lawyer Lucy Birch explains more:
      Challenging discrimination
      There have been a number of cases before the court in recent months surrounding adoption and the restrictions that some adoption agencies have attempted to place on who exactly is able to adopt/foster care.
      A recent case before the High Court was brought by an independent foster agency whose policies allowed only heterosexual evangelical Christians as potential foster carers.
      Ofsted had concluded that the foster agency’s policies breached the Equality Act 2010 and the Human Rights Act 1998 and required the agency not to discriminate on grounds of sexual orientation. The Court of Appeal agreed that the policy was unlawful discrimination and the foster agency’s appeal was dismissed.
      So, who can adopt?
      The law in England and Wales says that the following people CAN apply to the court to adopt a child/children:-

      Single people
      Married couples or civil partnerships applying jointly, whether of opposite sexes or the same sex
      Unmarried couples applying jointly, whether of opposite sexes or the same sex
      Step-Parents
      Foster carers
      The partner of the child’s parent

      You CAN apply to adopt in the UK if:

      Over 21 (there is no upper age limit)
      Married, living together, in a civil partnership, opposite-sex couple, same-sex couple or single
      Employed or on benefits
      Any ethnic or religious background
      Have children or not
      Own your home or live in rented
      Already adopted a child
      If you are disabled
      You are not a British citizen (although you must have a fixed and permanent home here and have lived here for at least a year before you begin the application process)

      You CANNOT adopt if:

      You, or an adult member of your family, have been convicted of a serious offence; for example, a crime committed against a child.

      Relationship matters
      For any couple to be considered as adoptive parents (married or unmarried) they must prove they have a stable and lasting relationship and that they can provide a loving family environment for a child.
      This is set out in the Adoption and Children Act 2002 and established via a combination of assessments including meetings with your social worker, personal references from friends and family, and completion of a series of preparation classes.
      Can I adopt if I’m under 21?
      The Act also sets out further conditions for prospective adopters in relation to age.
      An adoption order may be made on the application of a couple where both have attained the age of 21 years. Or alternatively, on the application of a couple where one of the couple is the mother or the father of the person to be adopted and has attained the age of 18 years, and the other has attained the age of 21 years.
      Living with adopted children
      There are also residence requirements. In the majority of cases, the child must have had their home with the prospective adopter for a minimum duration of time before the application being made. The duration depends on the route to adoption. They are as follows:-

      Local authority foster parents: The child must have lived with the adoptive parent(s) for the period of one year preceding the application. Although they can request permission from the court to apply within a shorter period.
      Step-parent adoption: The child must have lived with the adoptive parent(s) for the period of six months preceding the application.

      Partner of the child’s parent: the child must have had his/her home with them for at least three years preceding the application.

      The Legal process
      Once these conditions have been met, the legal process can begin.
      If you have chosen to move forward with adoption, the first step in the process is to notify the Local Authority of your intention to adopt and apply to the court for an Adoption order. This must be done in writing. The court application Form (Form A58) can be completed and sent to the court no earlier than 3 months after the date the Local Authority were notified of your intention to adopt. The legal proceedings will then be underway.
      For advice on the next steps in this process, contact Stowe’s specialist Adoption solicitors.
      Alternatives to adoption
      Finally, it should be noted that Adoption extinguishes the parental responsibility of the birth parents, therefore the court has to be satisfied that such a permanent step is in the best interests of the child.
      There may be other legal routes that are more appropriate, depending on the circumstances of the case. Such as a:

      Parental responsibility agreement
      Child arrangement order
      Special guardianship order

      The exploration of these various routes require expert legal advice.
      As a family law solicitor, I specialise in adoption cases. I’m trained to manage the legal process of adoption and other alternative routes to parenting.
      If you’re considering adoption, or have begun your application to adopt, and would like to find out more you can contact Stowe’s specialist Adoption solicitors.
      Useful Links
      Download our guide to adopting a child PDF
      Stowe Family Law’s Adoption Services
      Blog: The Adoption Process More