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How to adopt a stepchild in the East Riding, information and advice and how you can apply to adopt a stepchild.
What is step-parent adoption?
Stepchild adoption is the most common form of adoption, and involves a step-parent agreeing to become the legal parent and be fully responsible for his or her spouse's child.
What are the reasons for considering step-parent adoption?
There are many reasons why you may be considering adopting your step-child(ren). Some of the most common reasons are to show commitment to the family unit and relationship or to feel more involved in supporting a child, and being able to make important decisions in their life.
Some other reasons could include:
What will happen as a result of the adoption?
When a step-parent adopts their partner’s child it ends the legal relationship between that child and their other birth parent and that wider family network such as grandparents and other relatives.
The child loses all maintenance and inheritance rights with the birth family, and acquires rights to your estate with your own children.
You become the legal parent of the child forever and have parental responsibility, meaning that if and your partner separate you legally remain the child’s parent.
The child’s surname can be changed unless the court prevents this.
What are the rights of the birth parent?
It’s not normally possible for a step-parent to adopt their stepchild if the other birth parent is still a part of that child’s life because the other birth parent’s consent would be required.
The non-resident birth parent is often unwilling to give up their parental responsibility and legal relationship with their child. The importance of a child retaining a close relationship with both birth parents is well recognised by both the courts and child development experts.
This will take precedence over consideration such as whether the birth parents were married or not. This is another reason why step-parent adoption will only be suitable in a limited number of circumstances. The other birth parent will be contacted as part of the assessment.
The consent of the other birth parent is of the utmost importance. If the other birth parent refuses to allow the adoption, under Section 47 of the Adoption and Children Act 2002 an adoption order cannot be made unless the court determines that consent isn’t required. In making this decision the court will consider important factors such as:
Who can apply for a step-parent adoption?
You can apply for a step-parent adoption if:
What is the adoption process?
Contact the Families Information Service Hub (FISH) Team for an initial enquiry pack.
Complete all documents enclosed in the initial enquiry pack and return to your locality safeguarding team, contact details are within the pack.
Please note: ensure that your DBS form has been checked by one of East Riding of Yorkshire Council’s customer service centres. Failure to do so may result in your application being delayed.
A social worker will contact you to arrange the initial visits and explain the assessment process. All assessments involve speaking to you, both birth parents and the children.
East Riding of Yorkshire Council will then begin assessment process and checks. Upon completion, the ‘Annex A’ report will be submitted to the court (an Annex A report is the report the local authority prepares on the suitability of the adopters and whether the adoption is in the best interests of the child).
The court considers your application and the social worker’s report. Court issues a decision.
For more information regarding court fees and help with court fees if you are on benefits or on a low income, visit the Parental rights and responsibilities GOV.UK websites.
Is there an alternative to adoption?
Step-parent adoption is not always the most appropriate choice for a family. There are alternatives which may more appropriately secure a child’s place in your family.
For example, a step-parent who is married to the resident birth parent can gain Parental Responsibility (PR) by entering into a Parental Responsibility Agreement with all those who hold parental responsibility or by applying to the court for a Parental Responsibility Order or Child Arrangement Order.
A step-parent married to a birth parent may obtain parental responsibility if all those with parental responsibility give consent to the agreement.
For more information about parental responsibility agreements visit the Parental rights and responsibilities GOV.UK website.
This is a court order that specifies that a named person has parental responsibility for a child. Parental responsibility is then shared between the holder and any birth parent who already has parental responsibility (or anyone who has also acquired parental responsibility by way of a court order).
For instance Jack is five years old and lives with his mum and her new husband. Jack is starting school in the spring, and his mum and step-dad would like everyone to have the same name when he starts school so they feel more like a family - but also, more practically so his step-dad can agree any medical treatment Jack might need if he hurts himself in the playground. Jack does see his birth father from time to time and always gets a present for his birthday and Christmas. A Parental Responsibility Order gives Jack’s step-dad the authority he needs to sign forms for school. Jack’s surname can be changed by deed poll, if all those with parental responsibility agree to the change of name.
This is a court order that specifies the name of the person or persons with whom a child is to live. The named person automatically acquires parental responsibility for the child and this is shared with anyone else who has parental responsibility for the child (usually birth parents). The order lasts until the child reaches the age of 16 or 18.
If a family cannot agree, or a court considers an order or agreement not to be in the best interests of the child, they will not make an order.