Adopting a child as a step-parent: What's involved?

Step-parents have widely different relationships with their step-children. In some cases, they are simply the spouses of the children’s biological parents. In others, they can effectively replace the natural parent. When the latter situation occurs, it can make sense to formalise it through adoption.

With that in mind, Kerry Smith, Found & Director of K J Smith Solicitors, specialists in Family Law, provides a quick guide to what you need to know.

NB: Although this article refers to step-parents, it also applies to couples who are not married or in a civil partnership. These couples will, however, need to demonstrate that their relationship is stable and permanent.

Understanding adoption versus parental responsibility

Adoption is not the only way step-parents can have their relationship with a step-child legally recognised. The main alternative to adoption is a parental responsibility order.

The key difference between the two orders is that an adoption order effectively erases a birth parent from a child’s life. It therefore also erases everything that comes with that parental relationship such as wider family along with maintenance and inheritance rights.

A parental responsibility order simply allows the step-parent to fulfil parental responsibilities for the child. It has no implications with regard to the recognition of their other birth parent and broader family or their maintenance and/or inheritance rights. Parental responsibility orders remain in place after divorce (unless a court agrees to cancel them).

This means that the choice between adoption and obtaining parental responsibility, therefore, ultimately depends on your goals. If you truly want to become your step-child’s full legal parent, then adoption is the way to go. If, however, you just want some element of legal recognition for your role in a child’s life, then a parental responsibility order may be the better option.

Step-parent adoptions and citizenship rights

If a non-British child is adopted by a British citizen, then they automatically acquire the same right of citizenship as any naturally-born child of a UK parent. This right may, however, have implications for their citizenship of other countries, particularly if their birth-parent’s home country does not recognise dual citizenship.

If a British child is adopted by a non-British citizen, they will retain their British citizenship if their other birth parent is a British citizen. If they are not, then the question of whether or not they retain British citizenship may become very complex. This is definitely an area where it’s strongly advisable to get expert legal advice as early as possible.

The basics of step-parent adoption

At a basic level, step-parent adoption works in much the same way as any other form of adoption. In short, a step-parent will apply to a court to become legally recognized as a child’s legal parent, replacing one of their birth parents. The court will assess the situation and decide what is in the child’s best interests.

Where step-parent adoption differs from regular adoption is that it recognises that the step-parent will already have built a relationship with the child.

The criteria for step-parent adoption

In order to be considered for step-parent adoption you must meet the following criteria:

• be over 21 years of age
• have been married to the child’s parent for at least two years
• have had your step-child living with you for at least six months

Additionally, the application must be made before the child’s 18th birthday. The adoption process must be completed before the child has their 19th birthday.

The process of step-parent adoption

The first step in the process is to inform your local authority of your intention to adopt your step-child. You must do this at least three months before you formally apply for a court order to adopt them. Once you have filed a notice of intention to adopt, you will have two years to apply for an adoption order.

Your local authority will appoint a social worker to assess your circumstances. This will include an assessment of you, your partner, the child and the other birth parent if known. The social worker conducting these checks may want to speak to your social network. This can include ex-partners as well as family and friends.

There will also be safeguarding checks. If you recently lived in another local authority area, that local authority will also be contacted with regard to these. You will also need to demonstrate your ability to provide for the child financially.

The social worker will provide this report to the court. It is likely to play a key role in their decision-making process. Keep in mind, however, that the court will look at the bigger picture as well as the details. For example, they will think about the potential impact of adoption on the child’s relationship with their wider birth family.

The role of the other birth parent

A child’s mother is always known and will always have parental responsibility for a child. If a child’s father is known, their name should be on the child’s birth certificate. If it is, then they will automatically have parental responsibility for the child. They will also have parental responsibility for the child if they were married to the child’s mother unless another father is named on the child’s birth certificate.

It’s worth noting that a father who is not named on a child’s birth certificate can request a court to make a declaration of parentage. If a DNA test proves their paternity, this request will usually be granted. If it is, then the child’s birth will be re-registered with the birth father’s name on it. The birth father will then be granted parental responsibility for the child.

If a person has parental responsibility for a child, the court must consider their views on any potential adoption. Even if a birth parent does not, technically, have parental responsibility for the child, the court may still consider their views. In simple terms, the stronger the relationship a birth parent has with a child, the more weight the court is likely to give to their views.

Timelines for step-parent adoption

In principle, the entire adoption process could be completed in a few months. In practice, this is highly unlikely to be the case even for straightforward adoptions processed at the best of times.

Currently, both social workers and family courts are still working through a COVID-related backlog. This means that all aspects of the step-parent adoption process are taking longer than usual.

It’s therefore highly advisable to make all applications as early as possible. It’s also highly advisable to have all proceedings overseen by a lawyer. This should minimise the possibility of delays being caused by human error (on anyone’s part).