Step-Parent Adoption

Step-parent Adoption

Adopting a stepchild means you become that child’s legal parent, alongside your partner. This gives you parental responsibility, and the right to be involved in important decisions about your child’s health, education and wellbeing.

When a stepchild adoption is finalised, anyone else who previously had parental responsibility, such as the other birth parent, will lose those rights. You generally can’t adopt a stepchild if either the birth mother, or a biological father with parental responsibility, does not consent to the adoption. The court may sometimes allow an adoption without consent if, for example, the child is at risk of harm.

Step‑parent adoption can be a complicated legal process, so it’s always best to get advice from an experienced family law solicitor. Our team can review your situation and recommend the best course of action. We can then handle the step-parent adoption process on your behalf, whether the other biological parent consents or not.

Who can apply to adopt a stepchild?

To adopt a stepchild, you must:

• Be 21 or older.
• Be married to, or in a long-term relationship with, one of the child’s birth parents for at least 1–2 years (the time required can vary depending on your local authority).
• Have lived with the child full-time for at least six months.
• Have lived in the UK, Channel Islands or Isle of Man for at least a year.
• Apply to the court and be granted a stepchild adoption order.

What is the process to adopt a stepchild?

First, you must contact your local authority and give them three months’ notice before making an application to the court. There is no automatic right to adopt. The local authority has a duty to investigate every family, including established step families, so a social worker will meet with you to discuss your plans.

They will want to know about the child’s other parent and the wider family, and your child’s relationship with them. The social worker will also carry out checks similar to any other adoption, including criminal record checks and a review of your living situation. They will prepare a detailed report for the court.

Once these steps are complete, you can apply to the court. A judge will review all the evidence and decide whether to make an adoption order.

Consent for step-parent adoption

In most cases, you’ll need the agreement of both of the child’s birth parents before a step‑parent adoption can be approved.

Even if a birth parent is absent or does not have parental responsibility, they may still be contacted as part of the adoption assessment. If their whereabouts are unknown, the adoption agency will make efforts to trace them.

If the other biological parent refuses to give consent, you may still be able to ask the court to grant an adoption order. However, the court will always consider the importance of maintaining a relationship with the birth parents and will try to preserve that connection wherever possible.

Can a step‑parent adoption go ahead without consent?

In certain situations, the court can decide that a step‑parent adoption may proceed without the consent of one of the child’s birth parents. When making this decision, the judge will look at:

• How much the non‑consenting parent has been involved in the child’s day‑to‑day life emotionally, practically and financially
• Whether they are likely to remain involved in the future
• Advice and recommendations from the local council, a social worker, and the Children and Family Court Advisory and Support Service (CAFCASS)
• The wishes of the child (if they’re old enough)

If you are hoping to adopt your stepchild but a birth parent does not agree, our family law solicitors can help. This could mean moving forward with the adoption or considering other legal arrangements that can give you legal rights and responsibilities for the child.

What are the alternatives to stepchild adoption?

If adopting your stepchild is not the right option, there are several legal ways to give you parental rights without changing who the child’s legal parents are:

• Parental Responsibility Agreement – A formal step-parent agreement that gives a step‑parent legal rights and responsibilities for their stepchild, as long as both birth parents agree.
• Parental Responsibility Order – A court order that allows a step‑parent to share parental responsibility with anyone who already has it.
• Child Arrangements Order – Issued by the court to confirm where the child will live and with whom. This order can also set out contact arrangements with the other birth parent.

If you are unsure which option is best for your situation, our family law solicitors can explain each in detail.

What our clients say

“We instructed Naomi in a complex adoption case. Naomi was confident that we would win however the case did not reach court in the end.We were kept in the loop all the way, whenever we reached out to ask questions or for support Naomi or her rep always responded.Great experience and would recommend.” Read the review on TrustPilot.

How we can help with step parent adoption

Our family law experts are here to advise on the range of options available to step families. We can draw up step-parent agreements and represent you in whatever court process is decided to be best for the individual child. We can help if you are:

• The step parent of a child whom you wish to adopt
• The biological parent of a child whom you wish your partner to adopt
• A child who wishes to be adopted by a step parent

With our expertise in international adoption, we can also help step‑parents who marry a foreign national abroad and want their partner’s child from a previous relationship to become a full legal member of the new family, with British citizenship.

Please contact a member of our adoption team for a confidential chat. Once we understand the details of your situation, we can explain your options and provide clear information about the process. We will let you know what will be required from you, as well as the likely timescales involved.

To speak to a specialist adoption lawyer or the wider family law team please:

• Call us on 020 4502 7668, or
•  Fill in the online form below.