Adopting 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:

• Name change (although this can also be done by deed poll)
• Inheritance
• Consent to medical treatment
• Security of family unit
• Recognition of step-parent role in a child’s life
• Child’s sense of belonging
• Severing ties with a birth family
• Parental responsibility.

Important things to consider before deciding that adoption is right for you and your family

• The children’s wishes and feelings
• The other birth parent’s wishes and feelings
• The implications of ending the legal relationship between the child and the other birth parent, as well as their wider family such as grandparents – this may cause the child to resent having had to ‘choose’
• What you want to achieve: to become the child’s legal parent forever or to share parental responsibility with the child’s birth parents, while the child is growing up as a child in a step-family

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.

Giving consent

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:

• the extent to which the non-consenting birth parent has participated in the child’s life, financially, practically and emotionally
• the extent to which she or he would be likely to do so in the future
• the views of the child.

Who can apply for a step-parent adoption?

• You can now apply as a single applicant.
• you must be aged 21 years or more
• if you aren’t married to the child’s parent, you need to satisfy the court and the council’s social worker who will make a report on your suitability to adopt, that you are living as partners in stable and loving family relationship
• you can be a same sex couple and do not have to be in a civil partnership
• you need to have been living as a family for at least six months before applying for an adoption order.

What is the adoption process?

1. Contact the Families Information Service Hub (FISH) Team for an initial enquiry pack
2. 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
3. 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
4. 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)
5. The court considers your application and the social worker’s report.
6. Court issues a decision.

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.

Parental Responsibility Agreement

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: https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

Parental Responsibility Order

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).

Example

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.

Child Arrangement Order

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.

Not making an order at all

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.

Who do I contact for more information?