Can I adopt my stepchild?

In some circumstances it is possible to adopt stepchildren. However, it is always advisable that you seek legal advice on the circumstances of your case and to consider if adoption is a necessary and most favourable option for your family. It is sometimes possible to seek alternative options to achieve your objectives. Adoption is always the last resort, so it is important to demonstrate that you are aware of and have considered alternative orders or arrangements which may be available to you.

You can apply for a step-parent adoption if:

• you are aged 21 years or more
• you satisfy the court and the council’s social worker who will make a report on your case
• you have been living as a family for at least six months before applying for an adoption order

If you satisfy the criteria, then the next stage is to consider the consent of birth parents and anyone with parental responsibility for the child.

If the other birth parent refuses their consent to the adoption, 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 and any other children to the family
• the best interests of the child

The legal and practical effects of the adoption order also require careful consideration and include:

• A step parent adoption ends the legal relationship between the 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 you and your partner separate you legally remain the child’s parent