Frequently asked questions

An adoption order takes away the legal relationship between the non-resident parent and the child. This includes the extended family of the non-resident parent. This means Grandma is no longer Grandma etc. It also creates a new legal relationship between the adopter and this child which make the adopter a full legal parent of the child for the rest of their lives. Similarly, new legal relationships are created in the adopter’s extended family.

Should you end your relationship with your partner (step parent), the adoption means they continue to be the full legal parent to that child with as many rights as you have. Adoption doesn’t end because your relationship does

A Child Arrangement Order and a Parental Responsibility Agreement also creates new legal relationships but does not extinguish the legal role of the absent birth parent nor their family.

Adoption orders require a full and thorough social work assessment of your family and consultation with the non-resident parent. This means that you can expect a full check of your suitability to adopt including a criminal record check.

A social worker will, visit your home on several occasions, speak to all children involved, other family members and the non-resident parent. The social workers role is to make a recommendation to the court as to what is in the child’s best interest - they may or may not recommend adoption.

No. Adoption is a decision that only the court can make. Simply deciding you want your child to be adopted by your partner is not enough in law. The law states that an adoption order will only be made where it is in the best interest of a child to do so. This means that you could apply for an adoption order, but the court may decide that another legal order or no order at all is more appropriate.

Adoption is about what is best for the child. What adults want is relevant, but the court will prioritise the welfare of the child when it makes its decision.

• If the absent parent is the mother, you will need her agreement. A court can dispense with the need for her agreement but there must be very good reasons for them to do so.
• If the absent parent is the father and married to the child’s mother, you will need his agreement. A court can dispense with the need for his agreement but there will have to be very good reasons for them to do so.
• If the absent parent is the father and he was not married to the mother but has parental responsibility, you will need his agreement. A court can dispense with his agreement but there will have to be very good reasons for them to do so.
• If a parent does not have parental responsibility, the court is not required to have their consent before making an adoption order. However, if this parent has a close connection with their child, it is likely the court will want to find out their views, as well as the child’s.

Irrespective of the birth parents’ legal status, the court will require a report to be completed and wherever possible, will find out the views of both birth parents including what role they might intend to play in the child’s life. This can also include extended family members who have or would like to have a relationship with the child.

Your current relationship with him or her, or the amount of contact they have with the child will not remove the responsibility for finding out their views and reporting them back to the court.

No. You do not have to be married to adopt the children of your partner.

We will be unlikely to consider relationships that have lasted for less than two years suitable. Equally, if you are in the process of divorcing the absent parent then this should be completed prior to considering adoption

All children require truthful information about their birth parents and a full understanding of who they are. Before you begin adoption proceedings you will need to have spoken to your child, in terms which they can understand, about your plans for adoption. The court will need to know the child's wishes and feelings. Again, if you are unsure how to introduce the adoption to your child, advice can be sought from the social worker at the initial interview.

The social worker will need to spend time with the child and then prepare a full report for the court, which will include the child's wishes and feelings.

You may find some legal advice helpful but a solicitor is not normally needed for an application by a step parent unless the adoption is opposed or there are complicated issues, but you have the right to have a solicitor if you wish.