A Guide to Step Parent Adoption

Posted onSeptember 12, 2024

Our Family Law Solicitors are sometimes asked to advise on step-parent adoption law in England and to file a step-parent adoption application.

In this guide our Family Lawyers look at the benefits of step-parent adoption, the process and the alternatives to adoption.

Online and London Family Law Solicitors

For adoption advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi

The benefits of step-parent adoption

Why would you want to adopt a step-child? Some step-parents see no need for a formal court order as they have a loving relationship with their step-son or daughter and do not require a court order. For others, getting an adoption order is a critical part of becoming a ‘proper family.’

The benefits of an adoption order include:

The stepchild legally becomes your child. The order lasts for the life of the child and does not end when the child reaches 18
When a step-parent adoption order is made a step-parent gets parental responsibility for the child. They share parental responsibility with any other parent who retains parental responsibility. Parental Responsibility is defined in the Children Act 1989. It is the rights, duties, powers, responsibilities and authority a parent of a child has for the child and the child’s property. In essence, this gives a step-parent an equal say in making any major decisions concerning the child with any other person with parental responsibility for the child. For example, on schooling or religious observance. If an agreement cannot be reached on how parental responsibility should be exercised anyone with parental responsibility can ask the court to make a specific issue order or prohibited steps order to determine the disputed parenting issue
An adopted child is entitled to inherit a share of your estate in the same way as any biological children. If you have not made a Will, your adopted stepchild will inherit under intestacy rules as the rules do not distinguish between biological and adopted children. If your Will refers to your children getting a legacy or a share of your estate, and your stepchild is adopted by you, they will also benefit from your estate without being specifically named in the Will
An adopted child becomes the financial responsibility of the adoptive parent/s. If a birth parent is paying child support through the Child Maintenance Service or under a court order they will no longer need to do so after the adoption order is made if the order extinguishes the parent’s financial responsibilities
If your stepchild is not a British citizen, they may be able to acquire British citizenship through your status. Adoption and immigration laws are complicated. Our specialist Family Law Solicitors and Immigration Lawyers can advise you on the immigration rules and how they will apply to your family. For example, if your spouse is in the UK on a Spouse Visa and their child is in the UK on a Dependant Visa, your spouse and your stepchild can obtain British citizenship without the need for a step-parent adoption order

The alternatives to a step-parent adoption order

You may want to look at the alternatives to step-parent adoption because a birth parent is objecting to the adoption or you may simply want to understand your options to give your step-child stability and security.

Your options are:

Apply for parental responsibility as a step-parent – you get parental responsibility for your step-child but, unlike a step-parent adoption order, neither birth parent’s parental responsibility is extinguished. The family court tends to prefer this solution where both biological parents are in contact with the child. You can get parental responsibility as a step-parent by agreement (you need the agreement of everyone with parental responsibility and not just your partner) or by making a court application. Once you have parental responsibility you have an equal say in decision making and, if there is a dispute that cannot be solved in family mediation, you can ask the court to make a specific issue order or prohibited steps order. Unlike an adoption order, parental responsibility does not legally make your step-child your legal child so if you want them to inherit a share of your assets you will need to make a Will naming them as a beneficiary
Apply for a child arrangement order – this type of order sets out who a child lives with and contact arrangements. If the court orders that your step-child should live with you then you have parental responsibility under the child arrangement order for as long as the order remains in force. You may need a child arrangement order if you are splitting up from the child’s biological parent but your step-child wants to live with you or to have contact with you and this is opposed. Alternatively, if a birth parent has passed away and you are now a widow or widower, you may want a child arrangement order to say that your step-child will live with or have contact with you whilst not going to the extremes of a step-parent adoption order that would legally sever the ties between the step-child and their remaining biological parent
Apply for a special guardianship order – this type of order is similar to a child arrangement order but a birth parent's rights are more limited

Who can apply for a step-parent adoption order?

To apply for an adoption order, you must:

Be over 21 years
Live in the UK or have been habitually resident in the UK for a year
Have lived with your step-child for at least six months
Be the partner of the parent whose step-child you want to adopt.
Give at least three months’ written notice to the relevant Local Authority that you intend to make a step-parent adoption application

Your step-child must be under 18 at the date of your adoption application but they do not need to be a British citizen.

Applying for a step-parent adoption order

A step-parent adoption application is made to the family court on a prescribed form. The respondents to the adoption application are anyone with parental responsibility for your step-child. A birth father who does not have parental responsibility could object to your application and be made a respondent.

The rules require you to give notice of an intended application to the Local Authority as they will need to appoint a social worker to prepare a report. The report will look at the reasons for the adoption application and say whether, in the social worker’s view, an adoption order is in the child’s best interests. If a birth parent objects to the making of a step-parent adoption order the court will need to dispense with their consent as the first step in the adoption process.

In any opposed adoption application, there is likely to be a series of court hearings ending with a final hearing where the judge will carefully look at the benefits of a step-parent adoption order against the alternatives (a parental responsibility order or child arrangement order) and consider the welfare checklist under the Children Act 1989. The checklist includes an assessment of:

The step-child’s wishes and feelings considered in light of their age and understanding
The step-child’s physical, emotional and educational needs
The likely effect on the step-child of an adoption order being made
The step-child’s age, sex and any relevant characteristics. For example, if a step-child has special educational needs or is neurodiverse
Any harm that your step-child has suffered or is at risk of suffering
The relationship your step-child has with relatives, such as a biological parent or grandparent, and the impact of the adoption order on that relationship
The reasons why a biological parent is objecting to the adoption order

The application process for a step-parent adoption order can appear complicated. Alternatively, you may be unsure about the benefits of adoption in comparison to acquiring parental responsibility by agreement or securing a child arrangement order. Our Family Law Solicitors will explain your options and help you work out the best option for your step-child in light of your family circumstances. We will then support and guide you in your application for a step-parent adoption, parental responsibility or child arrangement order.

Online and London Family Law Solicitors

For adoption advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi

Court Jurisdiction to Apply for a Child Arrangement Order

Applying for a Child Arrangement Order

A Guide to Getting Ready for a Family Court Hearing

Special guardianship orders