Adoption Solicitors

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Child adoption in England and Wales

To be adopted in England and Wales, a child must be under the age of 18 when the adoption application is made and must not be (or have never been) married or in a civil partnership.

Both birth parents normally have to consent to the adoption, unless they cannot be found or they are incapable of giving consent, for example due to a mental disability or the child would be put at risk if they were not adopted.

Who can adopt a child?

You may be able to adopt a child if you are aged 21 or over (there is no upper age limit) and either:

• Single
• Married
• In a civil partnership
• An unmarried couple (same sex and opposite sex)
• The spouse or partner of the child’s parent (stepparent adoption)

You do not have to be a British citizen to adopt a child, but you (or your partner, if you are a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man. You (and your partner, if you are a couple) must have lived in the UK for at least 1 year before you begin the application process.

Stepparent adoption (Stepchild adoption)

Stepparent adoption, also known as stepchild adoption, allows you to legally adopt your spouse’s or partner’s child. You need to tell your local council if you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order. The child must also have lived with both of you for at least 6 months. Even in stepparent adoption cases, there will still be an assessment process to ensure the adoption is in the child’s best interests.

The adoption process

To adopt a child you can go through an adoption agency that is part of your local council or a voluntary adoption agency. An adoption assessment is a process used by adoption agencies to evaluate prospective parents’ suitability to adopt a child. This assessment involves a series of home visits, interviews, and background checks to understand the applicants’ capacity to provide a safe, stable, and nurturing environment for a child. The assessment also helps prospective adopters understand the realities of adoption and determine if it is the right path for them. There will still be an assessment if you intend to adopt your partner’s child through stepparent adoption.

Making adoption legal

To make an adoption legal, you need to apply to the Family Court for an adoption court order. You need to send to the court a completed Form A58. This gives you parental responsibility for the child. Once the order has been granted the adoption becomes permanent and the child has the same rights as if they were your own birth child, for example the right of inheritance. The order also takes away parental responsibility from the child’s birth parent or parents and anyone else who has parental responsibility for the child. The General Register Office will create an adoption certificate. This replaces the original birth certificate and shows the child’s new name.

Contact with birth family

The Adoption and Children Act 2002 puts a duty on the court to consider contact arrangements with the birth family when deciding whether a child should be adopted. Any contact should be for the benefit of the child. Post adoption contact can include siblings and other relatives. Depending on the child’s situation, a birth parent may be able to stay in contact with the child. This is often done using letters (and sometimes photographs and meetings) through the agency responsible for arranging the adoption.

Our adoption services

• Guidance through the adoption assessment process
• Court applications for adoption orders
• Advice on consent requirements and birth family contact