As increasing numbers of people live as blended families, the process of stepparent adoption has never been more relevant. This article aims to explain the legal process and requirements for stepparent adoption, which can be a significant and life-changing decision for a family. It can provide legal certainty and security, formalising a family unit and bringing them closer together
What is stepparent adoption?
Stepparent adoption involves a stepparent legally adopting their partner’s or spouse’s child, creating a permanent, legally recognised parent-child relationship, which in turn, provides the child being adopted with a sense of security and belonging. However, the legal implications of an adoption order can be far-reaching, Therefore, any application by a stepparent needs to be carefully considered before being made.
Stepparent adoption is governed by the Adoption and Children Act 2002. If an adoption order is granted, it provides the stepparent with the same parental rights and responsibilities as the child’s birth parents.
Who can be a stepparent?
To apply for an adoption order as a stepparent, you must:
- be over 21 years of age
- live in the UK or have been habitually resident in the UK for at least a year
- be the partner of the parent whose child you wish to adopt – this can be via marriage, a civil partnership or living in an enduring family relationship
- have lived with the child and your partner for a continuous period of at least 6 months before the application is made.
Who can be a stepchild?
The child must:
- be under 18 at the date of the adoption application
- have been domiciled in the UK or have been habitually resident in the UK for at least six months immediately preceding the adoption application, but not necessarily be a British citizen.
Consent
- The consent of the birth parents or any person with parental responsibility for the child is required. However, this is not necessary if:
- a parent cannot be found
- is incapable of giving consent
- the child’s welfare is at risk by contact being made with a parent
- the court dispenses with the need for a parent’s consent.
If consent is not given by all of those with parental responsibility for the child, it is likely that the application will be contested.
Process
The stepparent who wishes to adopt must provide the local authority with three months’ written notice of the intention to apply for an adoption order in respect of his or her partner’s child. Upon receipt of the notice, the local authority will allocate a social worker to the family. Many local authorities have their own internal initial procedures to follow and information to provide at the start of the process.
An adoption assessment will then be carried out by the local authority, which is the same for any adoption. The assessment will include visits to the home and interviews with the stepparent, the child and any person with parental responsibility for the child. The local authority will consider a number of factors as part of the assessment, but its paramount consideration will be the best interests of the child.
The application to the court for an adoption order can be made online or via a Form A58. There will be a court fee (£201, at the time of writing); although this can be waived in certain circumstances. The application can be made at the same time the adoption assessment is being carried out.
The respondent(s) to an application for an adoption order will be any person with parental responsibility for the child. If a birth parent does not have parental responsibility, they should still be given notice of the application and could object to the application and be made a respondent to the proceedings. If a birth parent’s whereabouts is unknown, the Court will want to see that reasonable steps have been taken to locate that parent.
The court will then consider the application, alongside the local authority’s assessment. The court will consider all the child’s circumstances, with a particular emphasis on the ‘welfare checklist’, which is a list of considerations that the court must have when making a decision in relation to a child. If a birth parent/person with parental responsibility opposes the application, consideration must be given by the court as to whether to dispense with that person’s consent. If an application is opposed, there is likely to need to be several court hearings, up to a final hearing. At a final hearing, the court will need to consider the benefits of stepparent adoption against the alternatives.
A child can change their surname as part of a stepparent adoption (providing this is consented to by the stepparent’s partner). A stepparent can specify that the child’s new name should be recognised on the adoption certificate when completing the Form A58. This is often an important aspect of the application, to reflect the new legally recognised family unit. Once an adoption order has been made, an adoption certificate will be issued (in place of the child’s birth certificate) including the name of the stepparent and their partner, who is the child’s birth parent/person with parental responsibility.
Legal effect of an adoption order
An adoption order extinguishes the parental responsibility of any person that held it, other than the partner of the stepparent making the application. The stepparent will obtain parental responsibility and is treated in lawas if they were the child’s birth parent.
Alternatives to adoption
Alternatives to stepparent adoption include:
- A stepparental responsibility agreement or order – a stepparent may want parental responsibility for a child, so that they can be involved in making the key decisions in respect of that child and their upbringing. A formal agreement can be entered into with all those that have parental responsibility for the child to give the stepparent parental responsibility. This is effected via a Form C(PRA2).
- If all those with parental responsibility do not agree, an application to the court can be made for a parental responsibility order. Under either agreement or order, a birth parent/person with parental responsibility will not have their parental responsibility extinguished and will retain ties to the child. This option can be preferable where all those with parental responsibility wish to remain involved in a child’s life and agree that a stepparent should also be able to make decisions.
- A child arrangements order – a stepparent can make an application for a child arrangements order setting out the time the child should spend with them. They may need the permission of the court, if they have not lived with the child for three years. If a stepparent is granted a child arrangements order, they will obtain parental responsibility for the child while the order remains in force. A parent/person with parental responsibility may oppose such an application. Again, under a child arrangements order, a birth parent/person with parental responsibility will not have their parental responsibility extinguished and will retain ties to the child.
- No order – a stepparent may decide that no order is required and are happy with the relationship they have with a child without needing to have it formalised by a court order.
The making of an adoption order is a significant decision. It is permanent and the most irrevocable means of a stepparent obtaining parental responsibility for a child and formalising their relationship. When considering an application for an adoption order, the court must balance the fact that the ties to a birth parent/person with parental responsibility will be severed against the potential benefits of that child being adopted. This will involve consideration of the child’s relationship with any birth parent/person with parental responsibility, as well the relationship with the stepparent and the wider family. If a child has had little involvement with a birth parent/person with parental responsibility and has been brought up by the stepparent, it is more likely that the court will consider an adoption order appropriate. If a birth parent/person with parental responsibility is involved in the child’s life, and opposes the application for an adoption order, this is going to make the court’s decision less straightforward.
The Birketts view
The decision to apply for an adoption order is not one that should be taken lightly. The legal implications need to be carefully considered. If an agreement is reached with the other birth parent/any person with parental responsibility, or they are absent from the child’s life, this will make the process simpler. If a contested application is necessary, this could be time consuming and costly. It could also have a detrimental impact on the wider family relationships in the short or long term. It is particularly in these circumstances that you must ensure that any decision by a stepparent to apply to adopt a child is well considered. Legal advice may also be helpful to ensure that the application has the strongest chance of success.
If you require any advice relating to the adoption of a stepchild, or any issue linked to this, please contact Tom Wright ([email protected]) or Lucy Birch ([email protected]). Jennifer Headon ([email protected]) leads the Modern Families Team at Birketts.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2024.