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    Adopting a stepchild

    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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    How to successfully co-parent

    A key concern for divorcing parents is how they will continue to parent their children after separation and whether co-parenting will work for them. 
    There is no ‘one size fits all’ approach to co-parenting after divorce and how you move forward will be influenced by your relationship with your ex. For example, whether you are on good terms still, and whether you are both equally willing to cooperate.
    For couples who have divorced amicably and want to continue to work together to share responsibility, co-parenting is a popular post-separation parenting method.
    What is co-parenting?
    Co-parenting centres on collaboration and openness. It works best for divorced or separated parents who both want to continue to raise their children together, despite no longer being a couple.
    Co-parenting plans are unique to each family. This means co-parents can work together to make decisions that best suit their family’s needs. This amicable approach provides a helpful framework that prioritises the best interests of the children.
    How is co-parenting different to parallel parenting?
    In contrast, parallel parenting intentionally minimises communication and collaboration between separated parents. This technique is particularly helpful in divorces that involve domestic abuse, high-conflict, narcissistic partners, or where co-parenting hasn’t been successful.
    Benefits of co-parenting
    Some benefits of co-parenting include:

    Co-parenting can help children continue to feel supported, loved, and connected to both parents
    By maintaining open and respectful communication with your co-parent you can prioritise your children and their needs
    Establishing clear guidelines for co-parenting responsibilities, such as schedules, holidays, and financial contributions, you can help prevent misunderstandings
    Agreeing routines and rules between both households helps provide stability and consistency for the children.

    Tips from a family coach for successful co-parenting
    Co-parenting is an ongoing process that requires patience, understanding, and mutual co-operation. While it may be challenging at times, there are ways that you and your ex can create a successful co-parenting approach.
    Here, Nichole Farrow, divorce and family coach, shares her top tips for successful co-parenting.
    Finding a way to successfully co-parent is vital for your kids’ development and your own mental wellbeing.
    As a member of a blended family, I have witnessed firsthand the impact of painful divorces and feuding parents, which throw a long shadow over family events and future generations.
    As separated parents, it is your responsibility to find a way to co-parent for the sake of your children, and for your own good. After all, your ex isn’t going away.
    With this in mind, here are my top 7 tips on how to co-parent successfully:
    Break your news together
    Start as you mean to go on and break the news of your split together. This shows them right from the start that you are both still there for them. Don’t underestimate how much of an impact this will have on your children. This is almost certainly the most difficult thing they will ever have had to cope with.
    Let it go
    Whatever the reasons for your divorce are, and whoever you feel is to blame, let it go. The person your resentment truly harms is you. You are wasting vital energy that may be better spent elsewhere.
    Your child is not your emotional crutch
    Do not tell your children about the specifics of your divorce, the reasons for it, or how you feel about it. Instead, make sure you have a support network you can talk to, such as friends, family, or a coach, rather than your children. They are not there to serve as a sounding board for your mental health.
    Be mindful of your language
    Never bad mouth your ex to or in front of your children. This puts your children in an uncomfortable position and may unfairly make your children feel guilty or like they have to choose sides. By criticising your partner you’ll more likely cause your children to think less of you, not your partner, and you never know when your words will come back to bite you.
    Do not make them choose
    Your ex is not your rival. Making your children choose between you both will end badly for everyone and cause your children unnecessary upset. Remember, your children love you both regardless of whether you’re married or not.
    Never use your children to get back at your ex
    The damage this will do is unimaginable. Let them enjoy their childhood rather than weaponising their relationship with their other parent. After all, we are all the products of our environment. Being stuck between two warring parents might impact your childrens’ mental health now, or later in life.
    Your child is not your messenger
    Communicating with your ex directly on all matters is crucial to your success as co-parents. Using your children as a go between undermines you both and your united parenting, and again puts them in an uncomfortable place. Whether you’re sharing useful information about the week ahead, or something more important, you must be the one to let your ex know through your agreed communication methods.
    Nichole Farrow is a leading UK-based divorce coach specialising in family coaching for blended families who want to build a harmonious home life where they can all flourish. Get in touch with Nichole.
    Related links
    What the family court expects from parents

    Effects of divorce on children

    7 tips for co-parenting through the summer

    How to support children through divorce

    The rise in birdnesting after divorce More