Overview

Stepchild adoption removes the parental responsibility from anyone else who previously held it, such as the other birth parent. You can’t apply to adopt a stepchild against the wishes of either of their birth parents or anyone else who already holds parental responsibility.  

In Northern Ireland, you and the child’s parent must both adopt the child, even if your partner is their birth parent.   

Adoption is only considered by the courts when it’s in the best interests of the child. 

 

Who gives permission for stepchild adoption?  

 The courts, on the advice of an adoption agency, grant stepchild adoption orders.  

 

Do I have to adopt in order to gain parental responsibility? 

There are other ways in which you can gain parental responsibility for a stepchild, which are more straightforward than adoption and which may be in the best interests of the child. These are more usual when a child has a relationship with both birth parents and their families. Depending on the situation, the courts are likely to consider that a child’s existing relationships are worth preserving. 

You can apply to a court for parental responsibility for a child or you can enter into a parental responsibility agreement with their birth parent if you’re married to each other. You can also apply for a Child Arrangement Order which sets out who a child lives with and has contact with.  

You should consider getting legal advice from a solicitor who specialises in family law who’ll be able to help you to decide which is the best course of action for the child.  

 

Who can apply to adopt a stepchild? 

To adopt a stepchild, you must;

• be at least 21 years old,

• be married to or a partner of one of the child’s birth parents for a minimum of 2 years,  

• have lived with the child for at least six months on a full-time basis, 

• have completed the stepchild adoption process. 

 

What is the process to adopt a stepchild?  

The process to adopt a stepchild is broadly similar in all regions of the UK. You should check the detailed process and law that applies in the region in which you live and intend to adopt. 

You must first contact your local adoption agency in writing and give three months’ notice before applying to the court. You’ll be given details about the process you must follow and the legal alternatives.  

If you decide to go ahead, you’ll complete a Registration of Interest (ROI) form and send it to your adoption agency. 

Your adoption agency will meet with you to discuss your intention to adopt and agree with you whether adoption is appropriate for your situation and likely to be in the best interests of the child. They’ll want to know about the child’s other parent and wider family and the child’s relationships with them. 

If you intend to pursue a stepchild adoption, you’ll then fill in a Notice of Intention to Adopt (NOITA). 

Your adoption agency will carry out checks and references which are similar to those carried out during the usual adoption process. These include health and criminal record checks.  

You’ll then make an application to adopt to the court. A social worker will be appointed to assess your suitability and the child’s interests and wishes and write a detailed report which the court will consider. The assessment carried out is similar to the assessment carried out during the usual adoption process. 

The court will then decide whether to make an Adoption Order. 

 

Further information