In our family team, a frequent query we receive is, “How do I go about adopting my stepchild?” With over 1.1 million children in England and Wales living in stepfamilies, it’s no wonder this question arises frequently.
What does adopting a stepchild mean?
The legal implications of adopting a stepchild are significant. If an application is successful, you will obtain parental responsibility for your stepchild alongside your partner/spouse. However, in so doing, the parental responsibility anyone else has for the child is extinguished, including the other birth parent.
Parental responsibility includes all rights, duties, powers, responsibilities and authority which, by law, a parent of a child has concerning their child and property. This will mean, in practical terms, that you can be involved in the decision-making process about issues such as schooling, medical treatment and religious upbringing for your stepchild.
Given the legal significance of this, any application must be given careful consideration.
What is the process?
If you choose to proceed with an application to adopt your stepchild, an application for an Adoption Order will need to be made to the court under the Adoption and Children Act 2022.
The process is similar to a closed adoption facilitated by an adoption agency. It will involve a Social Worker completing an assessment and producing a report which will include information about you, your partner, your stepchild and the other birth parent. The purpose of this report is to gather sufficient information to place before the court, so that they may determine whether making such an Order is in your stepchild’s best interest.
What if the other birth parent opposes the application?
As an adoption order will extinguish the other birth parent’s parental responsibility, if the other birth parent opposes the making of an Adoption Order and does not provide their consent, the court will need to consider whether they should dispense with the birth parent’s consent.
Under these circumstances, the court will schedule a full hearing to receive evidence from all parties involved. This aims to determine whether it is appropriate to revoke the consent of the other party and issue an adoption order, thereby terminating the parental responsibilities of the other birth parent.
This is a significant order and the courts will not make a decision to dispense with the birth parents consent lightly. Further, the making of such an application may give rise to the birth parent seeking to establish or reestablish contact with your stepchild. As such a cross-application may be made for a Child Arrangements Order.
What other options are available?
If you’re heavily involved in the care of your stepchild and are concerned that you lack legal authority to make decisions regarding their care and upbringing, you might contemplate pursuing a Step Parent Parental Responsibility Agreement instead of seeking adoption.
In order to obtain a Step Parent Parental Responsibility Agreement two conditions must be met:-
- You must be married to the biological parent whom the child lives with, and
- You must have the signed consent of every person with parental responsibility for the child.
If the other parent won’t agree you can make an application to the Court for a Parental Responsibility Order.
If you’re considering moving forward with the adoption process for your stepchild, our family team possesses expertise in managing such cases. For further assistance, please contact Managing Associate Catherine Lowther at cel@swinburnemaddison.co.uk, or contact our team by phone at 0191 384 2441.
This article is for general information only. It does not and is not intended to constitute legal or professional advice. The law may have changed since this article was published and we would always recommend that you seek specific advice on any legal issue.
