Step-parent adoption is a legal process that allows a step-parent to adopt their partner’s child from a previous relationship, granting the step-parent the same legal rights as a biological parent.
Why choose Step-Parent Adoption?
- Adoption provides the step-parent with Parental Responsibility, giving them legal parental rights and responsibilities for the child, to enable them to be involved in key decisions in relation to the child’s welfare and upbringing, including education, religious, and medical decisions.
- Adoption can help strengthen the emotional relationship between the step-parent and the child, enhancing the feeling of belonging and family unity, particularly if there are other children born to the step-parent and biological parent. Adoption can also provide a sense of stability for the child, knowing they have a committed parental figure
- Adoption ensures that the child has inheritance rights from the step-parent, which offers financial protection in the event of the step-parent’s death, particularly if they die intestate.
What are the eligibility requirements for step-parent adoption?
- The step-parent must be married to, or in a civil partnership with, the child’s biological parent.
- The step-parent must be at least 21 years old.
- The consent of the child’s other biological parent is generally required, unless dispensed with by the court
- The child must have lived with the step-parent for at least 6 months prior to the application being made
What is the Adoption Process?
- The step-parent must notify the local authority of their intention to apply to adopt the child at least 3 months before applying to the court
- An application on behalf of the step-parent is filed with the court
- An assessment will be carried out by a qualified social worker at the Local Authority
- A court hearing will be listed at which the court will determine whether the application for adoption is successful
- If the court approves the application, a step-parent adoption order is made, granting Parental Responsibility to the step-parent
What are the key considerations of step-parent adoption?
The adoption process will terminate the parental rights of the child’s other biological parent if they are involved in the adoption. It is therefore highly unlikely that a court will make the order if the child has a relationship with his/her biological parent
The court’s paramount consideration is always the child’s best interests, and the court will only make the order if the Judge considers adoption to be in the child’s best interests
Are there any alternative ways of acquiring Parental Responsibility for a step-child?
Yes, they are as follows:
- A Parental Responsibility Agreement between the step-parent and the parent(s) with Parental Responsibility
- An application to the court
- If a Child Arrangements Order is made in favour of the step-parent, they will automatically acquire Parental Responsibility
Should you require advice in relation to Step-Parent adoption, or acquiring Parental Responsibility for a step-child, please get in contact with one of our expert family solicitors at Slater Heelis by filling out our online contact form or call 03300 297 347.