Adoption for step-parents or other relatives

We have found that many step-families do not realise how detailed and complex a step-parent adoption can be. The courts require that we apply the same principles to step-parent adoptions as are applied to adoptions of children who are being placed for adoption from foster homes. For further information contact us (see 'Contacts' tab) or follow the "Related Pages" link.

If everyone agrees to adoption, a Reporting Officer - also appointed by the court - will visit both birth parents to obtain their written consent.

Parental Responsibility

A birth father has PR if :

• he and the child’s mother jointly registered the child’s birth on or after 1 December 2003
• Or he and the mother made a formal agreement to share PR
• Or he obtained a court order

It is a serious matter to remove a birth parent's PR so that the assessing social worker and the court will consider very carefully as to whether it is necessary to do so.

If a birth father does not have PR, his views will still be taken into account.

Contact

Most children adopted from foster care retain some contact with their non-resident birth parent(s) or other family members, even if this is only via an occasional letter. We similarly may ask that you consider providing information to the non-resident birth parent if your adoption application is successful. We often advise the resident parent to also provide their child with a photograph album, which includes information about the non-resident birth parent and extended family members – for example, ½ siblings.

Grandparents

We may ask to interview grandparents or other family members who take an interest in the child and are in contact with them. We believe that this is particularly important if a birth parent has died. Adoption severs all legal links with extended family members as well as the non-resident birth parent, and this may be very hurtful for both those extended birth family members and for the child if there has been regular contact. The children will also lose any inheritance rights unless provision has been made via a will.

Interviews of Children

We expect to be able to interview school age children, as the court requires that we try to ascertain how much they understand about what adoption will mean for them.  All children, whatever their age, will be required to attend court with you, but only at the Pronunciation or Celebration Hearing after an Adoption Order has already been made. 

Confidentiality

We are sensitive to those cases where there has been a history of domestic violence.  The court will ensure that any identification details - new names or addresses, for example - are not divulged in these cases.  However, the courts will need evidence of the need to keep information confidential - for example police reports, court orders, or verification from a solicitor who may have represented the resident birth parent in a case of domestic violence. We will still need to interview the non-resident birth parent to ascertain their views on the adoption.

Legal Requirements

You need to have lived together for at least 6 months before you can apply to adopt a step-child. However, many courts will not consider applications from people who have been together for less than a year.  Step-parents must be over 21 years of age.

Other options

If you feel that adoption is not the appropriate order for you, there are alternatives that you could consider which would give the step-parent parental rights, shared with both birth parents:

The Adoption and Children Act 2002 has introduced a new option for step-parents called a Parental Responsibility Agreement, if you are married or have a civil partnership registration.

You can obtain Parental Responsibility by the completion of a form that you then present to your local family court.  If the non-resident parent also holds Parental Responsibility for the child, they will need to agree.  You will be asked to supply evidence of identity, but the process is straightforward and does not require attendance at court. 

If you are not married or do not have a civil partnership registration, and/or the non-resident parent does not agree to the step-parent being given legal parental responsibility, you could apply for a Parental Responsibility Order or a Residence Order, both of which are made at a court hearing. You should seek legal advice in the first instance before applying for either of these orders.

Your main wish may be for the child to have the same surname as yourself, in which case you could consider a change of name by Deed Poll. If the non-resident parent has Parental Responsibility, they will need to give their consent to a change of name.

Further information

You may wish to access other websites for further information on adopting a step-child - see weblinks on the links tab.