As blended families become more common, stepparent adoption has gained significance, providing legal recognition to these family dynamics. This process not only formalizes the parent-child relationship between a stepparent and a stepchild but also enhances feelings of security and belonging for the child.

What is Stepparent Adoption?

Stepparent adoption allows a stepparent to adopt their partner’s child, establishing a permanent legal bond. Governed by the Adoption and Children Act 2002, a successful adoption order grants the stepparent the same parental rights and responsibilities as the biological parents. However, the decision to adopt should be made carefully due to its long-term implications.

Eligibility Requirements

To qualify as a stepparent for adoption, one must:

  • Be over 21 years old.
  • Live in the UK or have been habitually resident for at least a year.
  • Be the partner of the child’s parent (through marriage, civil partnership, or a long-term relationship).
  • Have lived with the child and the partner for at least six continuous months before applying.
  • Conversely, the child eligible for adoption must be under 18 at the time of application and have been residing in the UK for at least six months.

Consent for Adoption

Consent from the biological parents or anyone with parental responsibility is essential for stepparent adoption. However, consent is not needed if:

  • A parent cannot be located.
  • A parent is unable to provide consent.
  • Contact with a parent poses a risk to the child’s welfare.
  • The court waives the requirement for consent.
  • If consent is not granted, the application may face opposition.

The Adoption Process

The process begins with the stepparent giving written notice to the local authority of their intention to adopt. A social worker will then be assigned to conduct an assessment, which includes home visits and interviews. This assessment aims to evaluate the suitability of the adoption and prioritise the child’s best interests.

The application for an adoption order can be submitted online or via Form A58, accompanied by a court fee (currently £201, which may be waived in certain situations). All individuals with parental responsibility for the child must be notified about the application. If a birth parent objects, the case may lead to multiple court hearings, concluding in a final hearing where the court assesses the adoption’s benefits versus alternatives.

 

Effects of an Adoption Order

An adoption order removes parental responsibility from the child’s biological parent(s) (except for the stepparent’s partner) and bestows full parental rights on the stepparent. This legal recognition is crucial for creating a unified family structure.

Alternatives to Adoption

If full adoption isn’t suitable, there are alternatives:

  1. Parental Responsibility Agreement/Order: A formal arrangement can grant the stepparent parental responsibility without severing ties to the biological parent.
  2. Child Arrangements Order: This order outlines how much time the child spends with the stepparent, granting parental responsibility for the duration of the order.
  3. No Order: The stepparent may choose not to formalize the relationship legally, content with the existing arrangement.

Conclusion

Stepparent adoption is a substantial decision that irrevocably alters family dynamics. While it solidifies the stepparent’s role in the child’s life, it also ends the legal ties with a biological parent, a factor that courts carefully evaluate. Ultimately, the process aims to ensure the child’s best interests are at the forefront, fostering a supportive and loving family environment.

 

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.

Author John Szepietowski

More posts by John Szepietowski