Does a Step-Parent Need an Adoption Order? Adoption Solicitors

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 officially 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 it is in the child’s best interests.

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 there are alternative options available.

Court 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.

This means the step-parent could legally exercise parental responsibility and be involved in decision-making for the child and their upbringing.

Child arrangement order

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?

Step-parents can apply for adoption 6 months after living with the child and birth parent.

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.

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. The application is passed on to every other holder of parental responsibility for the child, including your partner.

Each person with parental responsibility is given the opportunity to respond to the application, making them 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.

If the birth parents aren’t aware of the application, it is advisable to let them know so they have the chance to express their views. In this case, the court could also make them a respondent.

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 and prepare a report on the matter. This will contain detailed information that helps the court decide whether to make the adoption order.

The court will also consider the checklist in the Adoption and Children Act 2002.

You must make a statement if you are objecting to the child’s birth parent’s wishes but trying to get the court to make the order anyway. In this statement, you must summarise the case, facts, and reasons why you believe the court should make the order, despite the fact that one birth parent has objections.

What happens at a step-parent adoption hearing?

The court 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.

Depending on the child’s age, the court may also ask that they attend so they can understand the serious effect of the order.

The judge will consider all the evidence – from you, the reports, and the child’s other parents – and 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 child’s wishes and feelings
Particular needs of the child
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 meet the child’s needs
- The wishes and feelings of any relatives, or 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 between parent and child. They also assess the relationship and family ties that exist within the step-parental family unit.

What about child arrangements?

A judge is more likely to consider an adoption order where a second birth parent hasn’t been significantly involved in the child’s life or has not assumed any parental responsibility.

But if the child’s birth parent does have involvement 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.

Can an adoption order be revoked?

The Court of Appeal will only consider revoking an adoption order if there was a procedural inaccuracy when it was granted.

Even in circumstances where revoking an adoption order is in the best interest of the child regarding their welfare, the court has no jurisdiction to do so.

It has been suggested before that Parliament considers legal grounds for undoing an adoption order but there is no current action for this.

Am I still an adoptive parent when the child turns 18?

Even when the child turns 18, you are still considered their legal family member, as any parent would.

About the Author

Paul Britton - Managing Director

Does a Step-Parent Need an Adoption Order?

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What is parental responsibility?

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