Adoption by Relatives

Placing children permanently with relatives is generally recognised as the next best option if a child cannot be cared for by birth parents. This may happen after a child has been taken into care by the local authority, or as a result of family breakdown.

Nationally recognised for our expertise in relative adoption, the adoption law solicitors at Osbornes Law have helped many grandparents, siblings and other family members adopt over the years, including international cases where relatives are based overseas. If you are exploring the possibility of an intra-family adoption or need advice about what to do next, please contact us for confidential advice.

How can family members adopt a child?

If a child is unable to remain with their birth parents, relatives may be able to offer them a permanent home through adoption. This can happen in two main ways – either by adopting a child who has been taken into care by the local authority, or by applying for a non-agency adoption under the Adoption and Children Act 2002.

Relatives who may be eligible to adopt include:

• Grandparents
• Brothers and sisters, including half-siblings
• Step-parents
• Aunts and uncles (whether related by blood, marriage, or civil partnership)

In England and Wales, adoption always requires a court order. Once granted, this order ends the legal rights and responsibilities of the birth parents and confers them on the adoptive parents instead.

It’s important to understand that arranging an adoption privately, without following the correct legal process, can be a criminal offence. To protect both the child and yourself, you should always seek advice from specialist adoption solicitors before starting the process.

What is the procedure for adoption by relatives?

For non-agency adoptions, an eligible relative can apply to adopt a child that has lived with them for at least three years out of the past five years. You can sometimes make an application to adopt if you don’t meet the residency requirements, but you will need the court’s permission first.

You must notify the local authority of your intention to apply for adoption (strict time limits apply for this). A social worker will then run various checks to evaluate the family member’s suitability and capability to meet the needs of the child.

After the assessment, the adoption application will be listed for a first court hearing. The main issue is whether the birth parents consent to the adoption – if they do not, then further hearings may be scheduled to hear the evidence.

In making a decision, the court’s primary focus will always be the welfare of the child.

If you’re thinking about adopting a family member, it’s best to get legal advice right from the start. This will help you understand how the process works and what adoption will mean for you and the child. Adoption can take time and may feel complicated if you’re not familiar with the legal steps, so having a family lawyer guide you can make everything clearer and easier to manage.

What if the relatives live in a different country?

Local authorities must explore every possibility for children who cannot be cared for by their birth parents, and that includes placing them with family members living overseas. Many successful adoptions involve relatives outside the UK, and these cases are known as international adoptions.

International adoptions are governed by key regulations and treaties. Most importantly, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption helps ensure the safety and legality of the process. When adoptions follow the Hague Convention, the adoption is automatically valid and recognised in all member states, including the UK.

If the country isn’t part of the Hague Convention or the adoption doesn’t follow those rules, families may need the courts in both countries to issue matching adoption orders (“mirror orders”). This makes sure the adoption is recognised both locally and in the UK.

International adoption can be complicated, and you will benefit from the support of a lawyer who specialises in cross-border cases.

We work closely with immigration and family lawyers in the child’s new country, as well as immigration lawyers here in the UK. This joins-up approach ensures the best outcome for a child moving abroad where they need full access to immigration status, healthcare, education and welfare rights in their new home.

What are the alternatives to intra-family adoption?

Adoption is only one option for supporting a child when their birth parents cannot. In some cases, it may be more appropriate for relatives to seek a Special Guardianship Order or a Child Arrangements Order. Both will allow them to care for the child and make decisions about their care, but do not fully sever the child’s connection to their birth parents.

We help our clients weigh up what will be best for the individual child, taking into account factors such as:

• Future contact with birth parents and siblings
• Whether it is important for a child to retain their legal relationship with birth parents
• The long-term stability and security each option offers the child
• Your ability to manage complex family relationships
• Support available from local authorities and other services

How Osbornes can help relatives adopt

If you are the relative of a child whom you wish to adopt, please contact our adoption specialist Naomi Angell for a confidential discussion. Naomi and her team are here to support you every step of the way, whether you live in the UK or abroad. We can help with:

• Explaining your choices and the steps you’ll need to take
• Answering questions about who can adopt and what the rules are
• Putting together all the paperwork for your adoption application
• Representing you in care proceedings
• Talking to social workers or local authorities for you
• Working with lawyers overseas if your family is spread across countries
• Standing up for you in court if you need us
• Helping sort out immigration for the child
• Giving advice about keeping in touch with birth parents and other relatives

Contact us