Adoption

As a stepparent you can adopt your stepchild (subject to you being over 21 and having lived with your stepchild for six months or more), but there are also other options to give you legal rights and responsibilities without ending the child’s legal relationship with their birth parent.

For example, an adoption order would mean your child would no longer be entitled to any inheritance or maintenance payments from their birth parent and you would have full, permanent legal responsibility for them, even if you were to separate or divorce from your partner or spouse in the future.

By talking through your situation with a specialist lawyer, you will be able work out what's best for your family. 

Adoption in England and Wales is open to anyone over the age of 21 regardless of their relationship status. Single applicants as well as same-sex and heterosexual couples can all apply.

However, you must have a permanent address in England or Wales (even if you are not a British citizen) and you must not have any criminal convictions (although this only applies to certain offences).

For those who are looking to adopt through a local authority or an agency, there will be an assessment process.

If you are considering adopting a child from another country, the law is complex. The criteria for who can adopt varies from country to country and the UK has extremely strict rules. It is essential to seek specialist legal advice if you are considering this.

Private adoption, an arrangement between private individuals without the involvement of an adoption agency, is prohibited in the UK and can constitute a criminal offence.

However, there are a few exceptions to allow for adoption by a child's parent (and/or their partner), guardian or relative. Some people refer to this as a “kinship adoption”. The process for completing a kinship adoption can be just as complex so take legal advice before embarking upon it to avoid inadvertently breaking the law.

Once made, an adoption order cannot be undone except in an extremely limited set of circumstances. It is very unusual to see an adoption order being overturned or reversed.

Confirming that a child from overseas can come and live in the UK legally is vital. Do this at the outset and work with a specialist in immigration throughout the adoption process to make sure all the necessary permissions are obtained. Unfortunately, there have been some adopted children left stranded in their home countries because the immigration paperwork was not correctly done.

As part of the adoption process through a local authority or a voluntary agency, you will be asked to identify those people who will be named as guardians for your child in your will. It is common for adoptive parents to update their wills to provide for their new child at the same time.