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Step-parenting and adoption orders can be an incredibly sensitive area not only of life; but of law. You should seek the correct legal advice in these matters so that primarily the child and second parties receive fair treatment.
Our highly qualified adoption solicitors are here for you and ready to help today. To get in touch with one of our adoption solicitors please send an email to [email protected] or call us directly on 020 3007 5500.
What is parental responsibility?
The Children Act 1989 defines parental responsibility as:
“all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”
Parental responsibility holders are legally entitled to play a part in any major decision in the child’s life, such as where they go to school, their religion, or whether they should receive medical treatment.
You can change a child’s legal status by an adoption order, where you effectively become a legal permanent family unit. This will then legally sever ties with the second birth parent.
The adoption order means the step-parent takes on the second birth parent’s legal responsibility. They will share the full parental responsibility with their partner (the child’s birth parent).
The court will only ever make the order if they believe that it is in the child’s best interests.
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What are the alternatives to an adoption order?
An adoption order is the most permanent and irrevocable way for a step-parent to gain parental responsibility for the child. But it is not the only way.
If a step-parent wants to gain parental responsibility, there are alternatives to seeking an adoption order.
These include a court order, whereby a court can grant parental responsibility. Alternatively, the child’s birth parents and step-parent could reach an agreement whereby they share parental responsibility. This may then lead to an attempt to seek custody of a child.
The latter would mean the step-parent could legally exercise parental responsibility and have involvement in decision-making for the child and their upbringing.
Step-parents can also apply for a child arrangements order. This would specify the amount of time the child should spend in their care. While the order remains in force, the step-parent has the power to exercise parental responsibility for the child.
What conditions must a step-parent meet before applying for an adoption order?
The step parents can apply for adoption 6 months after living with the child.
The step-parent must give at least three months’ written notice to the local authority where the child lives that they are going to make the application.
In order to apply for an adoption order a step-parent must:
- Be over 21
- Live in the UK or have been habitually resident here for a year
- Be the partner of the parent whose child they wish to adopt
How does the adoption order process work?
There is a specific form to fill in and you must also pay a fee. Once you have filled in the form you become the applicant. This application will then be passed on to every other holder of parental responsibility for the child (this includes your partner).
Each of these parents will then be given the opportunity to respond to the application. They then become the respondents.
The child’s birth parents will not be sent the form and will not have the opportunity to respond if they do not hold parental responsibility at that time. They may not be aware of the application, but it is advisable to let them know, in order that they be given the chance to express their views.
It is possible that the court can then say they are also a respondent. If that is the case then they will also be given the opportunity to prepare a response to the application.
You must make a statement if you are objecting to the child’s birth parent but trying to get the court to make the order anyway. In this statement, you must summarise the case, the facts, and the reasons why you believe the court should make the order, despite the fact that one birth parent has objections.
Upon receipt of the application, a date and time will be made by the court for a first directions hearing. This is where the court will decide how the case should proceed. The local authority will interview you to help them prepare a report on the matter. This will contain detailed information that will help the court decide whether to make the order.
The court will also consider the checklist in the Adoption and Children Act 2002.
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What happens at court?
They will ask you to attend a final hearing. Sometimes the court decides that not all parties have to be in attendance, but this is not customary.
The child must attend court so that they understand the serious effect of the order you are asking the court to make. This of course depends on their age.
The judge will then consider all of the evidence – from you, the reports and the child’s other parents – and will then make a decision. However, the child’s welfare is the most important factor that the court will assess.
On top of this, the judge will consider the following factors when making their decision:
- The child’s wishes and feelings
- The child’s particular needs
- The likely effect on the child (throughout their life) of essentially leaving the original family and becoming an adopted person
- The child’s age, sex, background and any characteristics that the court considers relevant
- Any harm that the child has suffered or is at risk of suffering
- The relationship that the child has with relatives and with any other person the court considers relevant. This may include the following:
- the likelihood of any such relationship continuing and the value to the child of it doing so;
- the ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which they can develop and otherwise to meet the child’s needs; and
- the wishes and feelings of any relatives, or of any such person, regarding the child
Beyond this, the court places great consideration on the fact that the tie between the second birth parent and the child will be broken. This will inevitably have a huge impact on the child’s life.
When considering this, the court looks at the nature and quality of the relationship that the child has had with their birth parent. They also assess the relationship and family ties that exist within the step-parental family unit.
What about child arrangements?
If there has very little contact or involvement from the second birth parent for a long time, if that person has not played any significant role in the child’s life, or has not assumed any parental responsibility, it is more likely the judge will consider the adoption order.
But if the child’s birth parent has involvement in the child’s life and objects to the adoption order, the judge will take care to assess the reasons behind the order application.
The court must ensure that the individuals are not attempting to gain control over a child’s upbringing or to exclude the birth parent from the child’s life.
In situations where there are still disagreements over how to raise the child, a child arrangements order rather than an adoption order would be best.
How can Britton and Time Solicitors help?
At Britton and Time, our family law team have the experience to help you with your case. Our solicitors will eliminate your legal stress by tackling the case professionally and succinctly.
If you would like to discuss any of the above, please get in touch with our specialist adoption solicitors via [email protected] or call us directly on 020 3007 5500.
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