Step-parent adoption

In exceptional circumstances a step-parent can apply for an Adoption Order for a child they live with where the welfare of the child requires it and no other order would secure this.

An adoption order is permanent and cannot be revoked. These are not made lightly by the courts and social workers and the courts will need to carefully consider what is overall in the child’s best interests, and whether a step-parent adoption order can be considered as necessary and proportionate.

All legal ties with the non-resident birth parent are severed. For this reason birth parents views will be sought and taken into account as part of the assessment process. This applies even if the birth parent is not named on the birth certificate and has not had contact with the child in many years.

There are alternatives to step-parent adoption which may more appropriately secure a child’s place in your family. For example, a step-parent who is married to the resident parent can gain Parental Responsibility (PR) by entering into a formal agreement with all those who hold Parental Responsibility, the child’s name can be changed by deed poll, or by applying to the court for a Parental Responsibility Order or a Child Arrangement Order.#

The role of Hampshire Children Services

All step-parent adoption orders involve an in depth assessment by a social worker from the local authority. If you live in Hampshire (excluding Southampton and Portsmouth), a social worker from the Family Connections Service will need to assess the full circumstances of your family and prepare a report for court. The court will need to be provided with evidence that a potential step-parent adoption order is indeed in the child’s best interests, and such an order is necessary and proportionate.

Criteria for step-parent adoption

• You must be 21 years old or over and either married to or living with the resident birth parent in “an enduring family relationship”. You can be a same sex couple and do not have to be in a civil partnership
• You must also have been living in the British Isles or have been habitually resident for at least a year
• You need to have been living together as a family for at least six months before applying for an adoption order, or for some people, they may have to show that they have been living with the child for periods totalling three years out of the last five years
• In its assessment for the court, the Local Authority must take into account the ascertainable wishes and feelings of a child. In many cases, but not all, the ascertainable wishes and feelings of older children is an important consideration in deciding whether step—parent adoption is appropriate or not
• The child must be under the age of 18 at the time of the application to Court
• If a person with parental responsibility objects to the step-parent adoption application, then this makes matters more complex. The Local Authority and ultimately the Court will have to give matters close consideration from the perspective of the child

Step-parent adoption is a complex issue. The above is intended to give a brief overview only. If you are contemplating an application for step-parent adoption, or responding to an application for step-parent adoption, it may well be advisable and important for you to obtain your own independent legal advice.