How can I adopt my stepchild?

Simon Edward • Feb 02, 2024

Are you considering adopting your stepchild? Learn more about the process and whether it's right for your family in our accessible, jargon-free guide.



Are you considering adopting your stepchild? Learn more about the process and whether it's right for your family in our accessible, jargon-free guide.

Today, divorce and remarriage are common. Often, the step-parent will play an important role in raising their partner's child. However, this isn't automatically reflected in their legal rights and responsibilities.


A step-parent, for instance, doesn't automatically get parental responsibility. In the event of their unexpected death without a will, their stepchild won't inherit. Moreover, if the relationship ends, the step-parent doesn't automatically get any rights to contact or residence.


For this reason, some couples decide that it's best for everyone if the step-parent adopts their
stepchild.


It's a complex process that isn't right for everyone – but in the right circumstances, it can result in closer family bonds and less anxiety surrounding parental responsibility and inheritance.


A reputable
family lawyer can advise on whether adoption is the best route forward or whether there's a better way to proceed.


In this article, we run through the basics of stepchild adoption, with the caveat that nothing in this article constitutes legal advice.


Who is eligible to adopt their stepchild?


Certain conditions have to be met before you can adopt your stepchild. These are:


  • You must be over 21 and your stepchild must be under 18.
  • You must be married or in a civil partnership with the biological parent or live with them in an "enduring family relationship". "Enduring" doesn't mean a set amount of time, though some councils will look for a minimum of two years. It refers instead to a relationship that's stable and long-term (in intention or reality).
  • You must have lived with the adoptee for a minimum of six months.
  • You must have lived in the British Isles for at least a year.
  • You must notify the council at least three months before making the application.


Once these conditions are met, you can proceed with the adoption process.


What is the adoption process?


There are two big steps to take that are made up of smaller steps.


The first is to go through the adoption process with your local council. This involves an assessment of your suitability to adopt your stepchild, including a report on your and your partner's relationship.


Once this report has been made, the court will decide whether to issue an Adoption Order. This decision will centre on the interests of the stepchild – and, if the child is older, their wishes.


The child will be represented by a CAFCASS officer during proceedings. This role involves finding out the child's wishes.



Picture of a child in conversation with an adult

As well as weighing up the best interests of the child in question, the court will also consider their legal parents, especially if they still have parental responsibility.


If the parents agree, the adoption order can go ahead. If they refuse to give consent, the proceedings can increase in length, complexity and cost.


If you're getting ready to make an application and expect your partner's ex-partner to refuse consent, it can be advisable to seek legal instruction. This would involve practical legal advice about making a case as well as the alternatives available to your family.


What effect does an adoption order have?


An adoption order means that a step-parent becomes a legal parent with the same rights and responsibilities as their partner. This has a ripple effect, folding the step-parent's family into the child's.


The child will get automatic inheritance rights and the step-parent gets parental responsibility. Parental responsibility is an issue we've explored elsewhere.


Is adoption the best option for your family?


Adopting your stepchild can be a step towards bringing your family closer together and providing financial security. But before making the decision, you need to take into account the wishes and feelings of your partner, stepchild and their non-resident parent.


If, for instance, your stepchild is still close to their biological parent, adoption could cause a lot of tension – tension that wouldn't be there if the parent was absent.


It's also worth considering whether your family's needs can be met in another way. For instance, if your priority is securing inheritance rights for your stepchild, you could do so via a will. This is a less complex – and cheaper – way forward.


If your main goal is getting parental responsibility, it's possible to make a parental responsibility agreement with your partner. However, this requires the consent of the ex-partner if they're in the picture.


What should you look for in a family lawyer?


If you do seek legal instruction from a family lawyer, there are several things to look out for to maximise your chances of getting the best outcome for you and your family.


The first is a child-centred approach. The court will issue an adoption order only if it's in the best interests of your stepchild. If this isn't reflected and emphasised in your meetings with your solicitor, you could end up going through the process for nothing.


Similarly, you want a family lawyer who will present you with options. If you feel that you're being pushed towards a solution without exploring the alternatives, look elsewhere.


Finally, you should look for experience. This will be reflected partly in the amount of time the firm has been going, partly in user reviews, and partly in accreditations, such as those issued by the Law Society.


Conclusion


For some families, adopting a stepchild can be a way of cementing family relations and securing inheritance. However, it involves a lot of factors, especially those concerning the wishes and interests of your stepchild and their non-resident parent.


Before you make a decision, it can be advisable to seek legal instruction. A good family lawyer will equip you with the facts you need to make an informed decision that works for everyone.


Are you looking for legal advice relating to stepchild adoption? At Milners Law, we have a crack team of experienced, sensitive family solicitors who can talk you through your options. Get in touch for a free, no-obligation consultation.

What happens to our online presence when we pass away? Learn how to navigate this
by Simon Edward 25 Mar, 2024
What happens to our online presence when we pass away? Learn how to navigate this "virtual estate".
It's been called the biggest miscarriage of justice in UK history. Learn about the Post Office
by Simon Edward 22 Mar, 2024
It's been called the biggest miscarriage of justice in UK history. Learn about the Post Office Horizon IT inquiry.
Are you looking to buy a house without a mortgage? You've got options. Find out more
by Simon Edward 18 Mar, 2024
Are you looking to buy a house without a mortgage? You've got options. Find out more in our explainer article.
Does inheritance tax apply to you? Find out in our handy guide to this commonly misunderstood issue.
by Simon Edward 15 Mar, 2024
Does inheritance tax apply to you? Find out in our handy guide to this commonly misunderstood issue.
Employment law distinguishes between workers and employees. Learn the difference
by Simon Edward 11 Mar, 2024
Employment law distinguishes between workers and employees. Learn the difference in our handy article.
What is criminal damage in British law? Join us as we explore the topic
by Simon Edward 08 Mar, 2024
What is criminal damage in British law? Join us as we explore the topic in our accessible 5-minute guide.
When you get a divorce, the financial settlement will include any business assets. Find out more
by Simon Edward 04 Mar, 2024
When you get a divorce, the financial settlement will include any business assets. Find out more in our article.
Can AI be an inventor? Can a neural network be patented? Learn about AI and intellectual property
by Simon Edward 01 Mar, 2024
Can AI be an inventor? Can a neural network be patented? Learn about AI and intellectual property today.
When writing a will, words matter. Ambiguities and mistakes can lead to disputes
by Simon Edward 26 Feb, 2024
When writing a will, words matter. Ambiguities and mistakes can lead to disputes after the testator's death. Learn how they can be dealt with in our article.
Judgment has been handed down this week in Transwaste Recycling and Aggregates Ltd [2024] EWHC 330 (
by Gilly Storm 24 Feb, 2024
Judgment has been handed down this week in Transwaste Recycling and Aggregates Ltd [2024] EWHC 330 (Ch) after a three-week trial. Simon Bass and Oliver Cashman were instructed by the Respondents in this matter which was an unfair prejudice petition concerning a waste management company.
More posts
Share by: