If you live with your spouse or partner's child, you may naturally fall into the role of their parent. However, even if you take on the day-to-day parenting role within your blended family this does not mean that you have same legal rights and responsibilities as a natural parent. You can learn more about your rights as a step-parent here.
Adoption of a stepchild means that your legal position will reflect the important role you play in the child's life. You will gain parental rights and responsibilities in relation the child which include having the right to make choices about how that child is brought up and where that child should live. You can learn more about parental rights and responsibilities as an adoptive parent here.
Can you adopt your step-child?
To apply for an adoption order you need to be aged 21 or over and your step-child must be under the age of eighteen. You also need to be in an "enduring family relationship" with a natural parent of the child. This means that you must either be married, in a civil partnership or a committed long-term relationship with a natural parent of the child you wish to adopt.
What to expect
If you're considering adopting your step-child, then knowing what to expect can help you navigate the stepparent adoption process. The first step is to discuss the process as a family. It's important that your spouse or partner is in favour of the adoption as well as the child themselves. If the child is over the age of twelve then the court will need the child's consent before it can grant the adoption. If the child is under the age of twelve and expresses a clear view about the adoption, then the court may take this view into account.
Anyone who already holds parental rights and responsibilities will also be asked if they consent to the adoption. This means that your partner or spouse will be asked to formally consent as will any other natural parent of the child. The consent of a natural parent can be dispensed with if they have died; cannot be located (and you can evidence to the court that genuine attempts have been made to locate them); or if the court determines that it is in the child's best interests to dispense with the natural parent's consent.
The process
Step 1: Once you have decided that you wish to proceed with adopting your stepchild you, or a solicitor on your behalf, should notify your local authority of your intention to adopt the child. The local authority will conduct a home visit and meet with you, your spouse or partner and with the child. They will also try to meet with anyone else who has parental rights and responsibilities in relation to the child. They will then prepare a report for the court confirming whether they support the adoption. This report will need to be lodged with the court alongside the petition (which is the application) for the adoption.
Step 2: The court will appoint a curator ad litem who will visit you at home and prepare a report for the court. A curator ad litem is usually a solicitor trained in family law whose primary duty is to safeguard the interests of the child. The curator will speak to you, your spouse or partner, the child and any other natural parent of the child if they are willing to be interviewed. The court will also fix a preliminary hearing by which time the curator's report will be submitted to the court. Your solicitor will be asked to notify anyone with parental rights and responsibilities about this hearing. Natural parents will be given the opportunity to tell the court if they object to the adoption being granted.
Step 3: The curator will lodge their report in advance of the hearing and the court will consider the recommendation of the report.
Step 4: If the report recommends the adoption order is granted and no natural parent of the child has not objected to the application then the court can grant the adoption order at the preliminary hearing. If a natural parent has objected to the adoption order then an evidential hearing (called a proof) will be fixed. Once the court has heard evidence on the natural parent's objection to the adoption it will then decide whether to grant the adoption.
Step 5: Once the court has granted the adoption order it will send the child's birth certificate to the Registrar General. The court will ask the Registrar General to update the child's birth certificate to include your name as the child's parent along with your spouse and partner. You will then be contacted by the Registrar General when the birth certificate has been updated.
How long does it take?
The length of time this process takes largely depends on the capacity of the local authority to conduct a home visit and whether a natural parent objects to the adoption order. Your solicitor can advise you of the likely timescales involved in your specific circumstances.
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Senior Solicitor
