If you wish to adopt your stepchild, you normally need to gain consent from the child’s birth parents before you can do so. However, the consent of both parents is not always needed. While the biological mother of the child will need to provide consent, you will only need to get consent from the child’s biological father if he has parental responsibility. Typically, a father will have parental responsibility if they were married to the mother when the child was born and is named on the child’s birth certificate. With that said, the child’s biological father may still be asked for his opinion regarding the adoption of his child if he is actively involved in the child’s day-to-day life, even though he has no parental responsibility. In addition, a court may sometimes be asked to make a decision on adoption without the birth parent’s consent. This may happen, for example, if the child is at risk of harm from their birth parents.
If you adopt a child as a step-parent, you will become their legal parent and assume full parental responsibility. This means that you can make important decisions regarding their upbringing, including their education, living arrangements, health, and religion. It is also important to bear in mind that by adopting a child as a step-parent, the biological parent gives up their parental responsibilities.
Due to the legal complexity of step-parent adoption, it is always recommended to seek advice from a family law solicitor if you are unsure about the process. Your solicitor will review the circumstances of the case and recommend the best course of action. They will then handle the step-parent adoption process on your behalf whether the biological parent/s have given their consent or not.
Who can adopt a stepchild?
In order to adopt a stepchild, certain criteria must be met:
- The step-parent must be 21 years old or over
- The child’s birth parent must be 18 years or over
- The step-parent and birth parent must have been in a stable relationship for at least 12 months
- The child must have lived with the step-parent and birth parent for at least 6 months prior to applying for adoption
- Consent should be provided by the child’s birth parents if they have parental responsibility – however, it is possible to arrange adoption without consent in certain circumstances (see below for more details)
Consent for step-parent adoption
In most cases, a step-parent will need to gain the consent of both birth parents in order for the legal adoption to go ahead. As part of the adoption approval process, if one parent does not have parental responsibility or does not play an active role in the life of the child, they may still be contacted as part of the adoption assessment. If the whereabouts of the parent are not known, the adoption agency will endeavour to trace them.
Even if the child’s other biological parent refuses to provide consent for adoption, it may be possible to apply to the courts for an adoption order.
It is important to bear in mind that when making a decision on a step-parent adoption, the courts understand and respect the importance to the child of maintaining a strong relationship between both birth parents and will do all they can to ensure this is the case.
Step-parent adoption without consent in the UK
In some cases, the court may deem that consent is not required for a step-parent adoption to proceed. When deciding whether consent is required, the court will consider a range of factors including:
- The extent to which the non-consenting birth parent has played a financial, practical and emotional role in the day-to-day life of the child
- Whether the non-consenting birth parent will continue to play a role in the day-to-day life of the child
- The preferences and wishes of the child
The guidance of the local council, a social worker, and the Children and Family Court Advisory and Support Service (CAFCASS) may also be sought by the court before making a decision on whether to allow adoption without consent.
If you are trying to adopt your stepchild but one of the birth parents is not granting consent, please contact our family law solicitors. We will listen to the details of your case and recommend the best course of action. We will then handle the process of step-parent adoption on your behalf, ensuring it proceeds smoothly and without delay.
Alternatives to step-parent adoption
There are a number of legal alternatives to adopting a stepchild, including:
- Parental Responsibility Agreement – A parental responsibility agreement can be used to give a step-parent parental responsibility for their stepchild where both birth parents agree to share parental responsibility with another adult.
- Parental Responsibility Order – A parental responsibility order is issued by a court and can be used to give a step-parent parental responsibility for their stepchild. If granted, parental responsibility is then shared between the step-parent and anyone else with parental responsibility.
- Child Arrangement Order (CAO) – CAOs are issued by the courts and can include where the child will live and with whom (i.e. the step-parent). If a step-parent is named in a CAO as a person with whom the child will live, they acquire parental responsibility.
Other alternatives to step-parent adoption include applying for a name change so that the child takes on the surname of their step-parent. To better understand the alternatives to step-parent adoption, please speak to a family law solicitor who can advise you given your wishes and those of the child and their birth parents.
