Adoption in UK law: a 5-minute guide
What is the legal framework for adoption in the UK? Find out in our handy explainer article – and learn how a family lawyer can help.
Like all types of parenting, adoption is a legal act that's made possible by legal frameworks, processes and legislation.
It involves the transfer of parental responsibility to adoptive parents – so it's not something that can be taken lightly. Once adopted, the child loses their legal ties to their birth
family and becomes legally recognised as part of the new family.
It's not quite the same as fostering. Adoption is a permanent arrangement, whereas fostering is temporary. While there is such a thing as "permanent fostering", it doesn't have the legal solidity of adoption.
In this article, we break down the whys and wherefores of adoption, starting with the million-pound question: who can adopt?
Who can adopt?
To adopt, you must be over 21. There's no upper age limit. You can be single or in a relationship. It used to be restricted to man-and-wife couples, but now any type of couple can apply – including unmarried and same-sex couples.
It's possible to adopt if:
- You're able-bodied or have a disability
- You're in receipt of benefits or not
- You're a renter or homeowner
- You have a criminal record (though some crimes will rule you out)
You don't have to be a British citizen – but you do have to have a "fixed and permanent home" in the UK, Channel Islands or Isle of Man. And you must have lived in the UK for at least a year before applying to adopt.
Perhaps the most important criterion is that you're seen to be able to provide a loving, stable home for the child. Establishing this is an essential part of the adoption process.
Who can be adopted?
In England and Wales, you can be adopted if you're under the age of 18 at the time of the application. The only other criterion is that you aren't and never have been married or in a civil partnership. It works slightly differently in Scotland and Northern Ireland.
A child living overseas can be adopted on the condition that they can't be cared for in a safe environment in their own country. The application will cost you £2,500.
At the time of writing, it's not possible to adopt children from Cambodia, Ethiopia, Guatemala, Haiti, Nepal or Nigeria.
How do you apply to adopt?
If you want to apply to adopt, you do so through an adoption agency. In England and Wales, the agency will usually be part of the local authority. In Scotland, it will be through the social work department. The process is different in Northern Ireland.
What is the approval process?
Both parents have to consent to adoption unless they can't be found or are unable to give consent. There are also cases where the possibility of risk to the child trumps the need for parental consent.
In England, there's a two-stage adoption process that takes around six months. Similar processes are followed in Wales, Scotland and Northern Ireland, but with greater flexibility.
First, a social worker from the adoption agency will get to know the prospective adopters, who will be invited to participate in a series of preparatory classes.
They'll be visited by the social worker, who will check that the prospective adopter or adopters can provide the child with a stable, loving home.
Prospective adopters are then subject to a police check and a full medical examination. They also need to provide three personal references.
Once these checks are complete, the agency will send its assessment report to an internal decision-making panel.
If the adoption is approved, the second stage begins. This is where the child is introduced to their adopters. Eventually, the child moves into the new home, with ongoing support from the social worker. This usually ends when an adoption order is made.
What is an adoption order?
An adoption order is a court order that officially declares that the adoption is legal. It transfers parental rights and responsibilities from the birth parents to the adopters.
In England and Wales, the child has to live with their adopters for a minimum of ten weeks before the adoption order can be applied for. In Scotland, the minimum is 13 weeks.
Once the adoption order has been granted, the adoption is permanent. The child has the same rights as the birth child – for instance, concerning inheritance. Parental responsibility is removed from the child's birth parents and anyone else who has parental responsibility for the child.
To apply, prospective adopters need to send a completed application to the Family Court.
What if the adoption agency says you can't adopt?
If an adoption agency rejects your application and you still want to adopt, you can either challenge their decision in writing or apply to the Independent Review Mechanism.
What are the birth parents' rights?
Birth parents normally have to give consent to the adoption – but the father will be asked to agree only if he has parental responsibility. We've covered this issue in our
guide to parental responsibility.
If you want to stop the adoption process, you can get advice from Citizens Advice or a
family lawyer. A social worker will visit you, record your objections and present these to the court.
Can you take paid leave to adopt?
Adoptive parents have similar employee rights to birth parents – 52 weeks of adoption leave and 39 weeks of adoption pay.
What legislation covers adoption?
There are several pieces of legislation that govern adoption. One of the most important is the Adoption and Children Act 2002.
This allowed unmarried and same-sex couples to adopt in England and Wales for the first time. An equivalent act was passed in Scotland in 2007.
It was described by
The Guardian
as "the most radical overhaul of adoption legislation for almost 30 years".
As well as opening up adoption for unmarried and same-sex partners, it also liberalised the adoption criteria. Under the new act, adoption agencies have to be satisfied only that the prospective adopter or adopters can provide a stable, loving home life for the child.
Do you need legal advice relating to adoption?
Get in touch today for a free, no-obligation consultation. Our team of plain-speaking, highly experienced
family solicitors will talk you through your options.
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