Child adoption is the process of taking parental responsibility for a child from their biological or legal parents. Adoption often occurs when a child cannot be looked after by their birth parents, giving them the opportunity to have a stable and nurturing family environment. A person who adopts a child has full legal rights and responsibilities for the child, meaning that they must meet their housing and care needs and make decisions regarding their day-to-day life, education, healthcare, and other important matters.
Types of child adoption
There are several types of adoption in the UK, including:
- Adoption of a child from foster care
- Fostering to adopt
- Non-agency adoption (including adopting as a step-parent)
- Overseas adoption
Adoption of a child from foster care
Adoption of a child from foster care typically occurs when local authorities, who are legally responsible for safeguarding children in the UK, need to place a child into the care of a temporary foster carer or family member. Depending on the outcome of the case, the court may issue a Placement Order placing the child into the care of an adoption family. Once a suitable matching family has been found, the child is able to move in with their adopted family, after which an Adoption Order can be sought to finalise the process.
Fostering to adopt
Fostering to adopt is a temporary arrangement whereby a child is placed into the care of approved adopters who are also approved foster carers. If the Court issues a Placement Order allowing the adoption to go ahead, the foster carers can then adopt the child. This is beneficial for the child as they will have experienced the care and stability they need as early as possible.
Non-agency adoption (also called ‘private adoption’)
Non-agency adoption occurs when a child is adopted without the involvement of a local authority. This arrangement allows the applicant (e.g. a step-parent) to gain parental responsibility for the child, allowing the child to be part of a permanent family. Non-agency adoptions include adoption by a step-parent, family member other than a parent, or foster carer. In situations where adoption is not suitable, special guardianship may be an alternative option.
Private adoption can happen in the case of surrogacy, whereby the intended parents have no biological connection to the child. If you are genetically related to the child, you should apply for parental order instead.
Overseas adoption
It is possible to adopt a child from another country as long as certain criteria are met. It must be shown that the child cannot be cared for in a safe environment in their own country and that adoption by the applicant would be in the child’s best interests.
Child adoption requirements in the UK
To adopt a child in the UK, the applicant must be:
- Aged 21 or over
- Have a fixed and permanent home in the UK, Channel Islands or the Isle of Man
- Have lived in the UK for at least 1 year
It is important to note that you do not need to be a British citizen to adopt a child in the UK.
In the UK, in order to be legally adopted, the child must:
- Be under the age of 18
- Not be married or in a civil partnership, and
- Have the consent of their birth parents to be adopted – this does not apply if the parents cannot be located, the child would be at risk if not adopted, or they cannot give their consent.
Adopting a step-child who is over 18 is not possible in the UK because of the adoption age limit. As long as the person being adopted is under the age of 18 when the adoption application is made, this will be permitted.
Adoption requirements for couples
You can adopt a child in the UK as a couple, whether you are married, civil partners (including same-sex couples), or unmarried. What will determine whether your application for adoption is successful is whether you are in a stable and permanent relationship with your partner.
Single-parent adoption requirements
Single parents can adopt a child in the UK as long as they can demonstrate that they can provide a stable and nurturing environment. This means that you must have secure accommodation (rented or purchased) that is suitable for children to live in and has sufficient space to accommodate a child.
Step-child adoption requirements
You can adopt your partner or spouse’s child as long as they are under 18 when you apply, and they have lived with both of you for at least 6 months. A social worker will prepare a report that will help the court make a decision on whether to grant the adoption of a step-child. Before you can apply to adopt your step-child, you must inform your local council of your intentions at least 3 months before applying to a court for an adoption order.
Requirements for overseas adoption
A child can be adopted from overseas if they cannot be cared for in a safe environment in their own country. In addition, the relevant authorities in that country must agree that adoption would be in their best interests.
How to start the adoption process in the UK
The adoption process that you need to follow in the UK depends on the type of adoption, as follows:
Private adoption process in the UK
Before you can apply to adopt a child through private adoption, you must inform your local council of your intention to adopt at least 3 months before applying to a court for an adoption order. An adoption assessment will then be carried out by a social worker in relation to your partner, the child, and the other birth parent. This will be used by the court to help in their decision-making.
Agency adoption process in the UK
Agency adoption in the UK involves a number of important steps, as follows:
- Contact the adoption agency for details of their requirements and process.
- Meet with the adoption agency.
- Complete the agency adoption application.
- The agency will arrange for an adoption assessment to assess your suitability to adopt – this does not relate to a specific child, rather, it is to help an independent adoption panel assess your suitability for child adoption (not a specific child).
- The adoption assessment may include preparatory classes, social worker visits, police checks and referrals.
- Once you have been matched to a suitable child, you can apply for an adoption order.
If the child has already been placed into your care (as in the case of fostering to adoption), the process is less complex as matching is not required. You can apply online after the child has lived with you for 10 weeks, but you will still need to complete the adoption assessment process.
It is important to bear in mind that adopting a baby can be more difficult and complex due to the need to consider the individual child’s needs and the limited availability of very young children.
Overseas adoption process in the UK
The process of adopting a child from overseas can be completed through a UK adoption agency. Under the current rules, it is not possible to adopt from Cambodia, Guatemala, Nepal, Haiti, Ethiopia, or Nigeria.
The overseas adoption process is similar to that of UK adoption. The steps to adopt overseas are as follows:
- Apply for approval from a UK adoption agency to adopt a child. The application must be submitted to the Department for Education (DfE) or a UK Central Authority. If approved, they will send you a Certificate of Eligibility to Adopt.
- Pay a non-refundable fee of £2,500 to DfE if approved.
- Send your application form with your Certificate of Eligibility to Adopt to the relevant overseas authority.
- Provide any documents requested by the overseas authority handling your adoption application. You may need to provide documentation that has been notarised, legalised and translated.
- Wait to be matched with a child by the overseas adoption agency.
- Visit the child in their own country.
- Confirm in writing that you have visited the child, and you wish to proceed with the adoption.
- Go through the adoption court process – you will be provided with details of how this works and what you need to do.
- Apply for a visa for the child you are adopting so they can enter and stay in the UK.
No matter which type of adoption you choose, a trusted family law solicitor can handle much of the lengthy adoption process on your behalf, removing the worry and stress involved. For expert and experienced guidance, advice, and support for your adoption application, please speak to our family law team in the UK. We will guide you through the process each step of the way, giving you the confidence that your application will be successful.