Family law guide
Part of: Child Custody Specialists
Adopt a child and change a life by giving a permanent, loving home to a child who cannot be safely brought up within their birth family. Adoption is the legal process that makes a child a full and permanent member of a new family, transferring parental responsibility to the adopters and ending the legal ties with the birth parents.
This guide explains how you can adopt a child and change a life in England and Wales, who can adopt, the approval stages and how our family lawyers support you from first enquiry through to the final adoption order.
Yes, you can adopt a child in the UK if you meet the legal requirements, and this guide is for anyone considering that step, whether you are applying as an individual or couple, adopting for the first time, or looking into step-parent, foster care, domestic, or overseas adoption. According to family lives there are around 6,000 children in the UK who need adopting every year, and while adoption gives children a permanent family, some adoptive families may also be able to get post-adoption support, including therapeutic help and, in some cases, financial assistance.
Children in need of adoption come from a variety of backgrounds. Some of these children may be disabled whilst others have been through abuse or neglect. To help you decide what is involved, this article explains who can adopt, the main eligibility rules, the stages of the adoption process, how step-parent and foster carer adoption works, what happens if you want to adopt from abroad, what consent is needed, what costs may arise, and where to go for advice and support.
For children, adopt a child and change a life means growing up in a secure family where they are loved, protected and supported into adulthood, rather than remaining in temporary care. For adopters, it means a long‑term commitment to parenting a child who may have experienced loss or trauma, with the right preparation, support and legal advice along the way.
There are numerous advantages for children who are adopted, and adoption can truly change a life by providing safety, stability and long‑term belonging. Adopted children grow up in a family that will lovingly and selflessly care for them. Other advantages of adopting a child include:
As well as changing a child’s life, deciding to adopt a child can transform your own family, especially where you have been unable to have children or wish to grow your family through adoption. Adopting parents benefit from the joy and blessing of adding a child to their family and provides them with an opportunity to raise a child and provide a loving home to a deprived child. Often adopting parents may not be able to have their own children so they adopt a child to change the life of not only the child but their own.
In order for you to meet the eligibility criteria for adopting a child, you must be over the age of 21 years. There is no upper age limit for adoption. There is no restriction on whether you are single, married, in a civil partnership or in a same sex relationship. People adopting a child can also be from any ethnic or religious background, and under the legal requirements your sexual orientation does not affect whether you can apply. Parents who already have children or have previously adopted can still consider and apply for adopting a child. Furthermore, for adopting a child you do not need to own a home and could even be living in rented accommodation, although you will generally need to have lived in the UK for at least one year before starting the application process.
Although the rules on adopting a child are quite flexible, restrictions are placed on certain individuals and characteristics. People who are unable to adopt are child are:
Once you have taken the decision of adopting a child you will need to contact an adoption agency. There are many adoption agencies in the UK such as Barnardos, adoption matters, IAC and many more. The chosen adoption agency will discuss the details of adoption in detail and assist you in making an informed decision. You will then need to complete an application form, and can expect preparation, assessment, approval, matching and placement to follow.
Once an application has been accepted by the adoption agency, the process usually moves through registration where relevant, assessment and matching before you can adopt a child.
The first stage of the adoption process is known as preparation training. This usually lasts 2 months and involves learning about what is involved in adopting a child and references and checks are obtained for each applicant. These are the first of the two key stages before approval, and applicants who complete this stage and the next successfully can become approved adopters.
Adopters will be expected to undertake preparation training, spend time researching adoption and complete an adoption journey log.
When adopting a child the adoption assessment is the second stage of the adoption process. This usually lasts for a period of 4 months. The adoption assessment involves intensive assessment and preparation as well as further training to ensure the adopting parent or parents are ready to be recommended for approval for adopting a child.
During this stage the adopting parents are allocated an assessing social worker who will visit them around six to eight times and prepare a Prospective Adopters Report. Adopting parents will also be expected to attend an adoption preparation course.
The adoption assessment stage also involves:
Once completed the report is presented to an independent adoption panel.
The panel consists of professionals which include social workers, medical and educational professionals, adoptive parents, adopted people, a chairperson and an independent panel advisor.
Adopting parents will be invited to attend. The panel will have reviewed and considered the Prospective Adopters Report and will ask you any questions they have and allow you to ask them any questions with regards to adopting a child.
The panel will subsequently make a recommendation, and your chosen agency’s decision-maker will decide whether the applicants are suitable to adopt.
The next stage of the adoption process is the matching stage, where a family is found for a child. Your chosen adoption agency’s social workers will spend their time working with adopters, social workers and the social workers of children with an adoption plan to find and match children with adopters who can meet their needs.
Once a match has been made the adopting family spends time with the child to get to know the child. This is usually undertaken with the assistance of your adoption social worker. Before placement, adopters can expect a series of visits and short stays that build up to the child moving in, and once the child has moved in you must wait at least 10 weeks after placement before applying to the court to become their legal parent and to formalise the child’s relationship to you.
Quite often people may consider adopting a child from abroad. Whilst in the UK you can legally consider adopting a child from abroad if:
When adopting a child from abroad you must contact either your local council or an adoption agency which deals with overseas adoption.
The process for adopting a child from abroad is similar to a UK adoption process. In addition to the UK process when adopting a child from abroad the assessment will be sent to the overseas adoption authority. You will also need to visit the child in their country and your application will be sent to the child’s country.
When adopting a child from abroad the Department for Education (DfE) charges a fee of £1,975.00 for processing the application. Whilst adopting a baby from abroad is possible, the UK has restricted adoption from Cambodia, Nepal, Haiti, Ethiopia and Guatemala.
Following a successful application for adopting a child from abroad, you can apply to register an overseas adoption in the Adopted Child Register. In order to register the adoption the adoptive parents must be habitually resident in England and Wales at the time of the adoption and must be able to provide all supporting documents which are requested in the Form ACR 52.
If you would like to discuss more about adopting a child from abroad or adopting a child generally then contact our family specialists who will be able to provide you with all the information you need.
The most common form of adoption is where a family adopt a child who does not have a family or whose birth parents are unable to adequately look after and raise them. In such circumstances the local authority may have placed the child for adoption, subject to approval by the family court.
However other forms of adoption are also possible. A step parent may want to legalise and formalise their relation with their step child. In such instances step parents may also want to know whether they can adopt their step child. Our family specialists consider below the different forms and ways in which child adoption could take place.
The Child Welfare Information Gateway have confirmed that adopting a step child is the most common form of adoption. A step parent who wants to adopt a child will be agreeing to becoming the legal parent of the child. In turn they will obtain parental responsibility of the child and will become the legal parent of the child.
The step parent will become fully responsible for the child just as the child was their own biological child. The non-custodial parent will no longer have any rights over their biological child. Adopting a child who you consider as a stepchild is a way of consolidating the existing relationship you share with them.
In order for a step parent to be considered for adopting a child they must be over the age of 21 years old and the child must be under the age of 18 years at the time of the application. A step parent must also be a British citizen or a resident in the UK for at least 12 months prior to the application. Finally to be considered for step parent adoption the child must have lived with you for at least six months before the application.
Step parent adoption will require the consent of the child’s birth parents where they have parental responsibility. As mothers have automatic parental responsibility of their biological child a step parent will need to obtain their consent. The fathers consent will also be needed if the child is his biological child and he is named on the child’s birth certificate. If the father however is not traceable and has abandoned the child then their consent will not be needed, however the courts may still make enquiries during the legal process to see if they have any opinions or feelings on permanently losing their rights as a parent.
If, however a father is not named on the birth certificate and does not have parental responsibility over their biological child then a formal consent from the father is not needed. Even though the child’s parent does not have parental responsibility the courts may investigate the individual circumstances and may seek the fathers opinion and feelings about the adoption.
The step parent adoption process is very similar to adopting a child for whom you are not a step parent. In order to commence the step parent adoption process you will need give written notice of your intention of adopting a child to your local authority. The local authority will then appoint a social worker who will investigate your case. This initial part of the step parent adoption process will involve the social working preparing a report to the court making a representation as to what is in the best interests of the child.
Once you have provided notice of your intention of adopting a child to your local authority you must wait at least 3 months before making an application to the court. During this stage of the step parent adoption process you will need to complete the Form A58 and issue this to the court with the relevant documents and the court fee.
The step parent adoption process also involved have one or more court hearings for your application to be considered and whether appropriate consents are in place. The courts will consider whether the order will be in your child’s best interests.
Once the courts consider the adoption application, they will provide an adoption order. The next step of the step parent adoption process would be to obtain an adoption certificate which records you and the other parent as the legal parents.
Foster parents are people who are open to providing their homes and care to other people’s children. Quite often these children are not able to return home to live with their parents. Foster parents provide a safe and secure for children. They maintain a close interest in the lives of the children whilst teaching them how to behave and understanding their uniqueness of each child.
Foster parents are likely to maintain contact with the children’s biological parents and family members. As a result, children in foster care do not always forget about their relations.
According to adoption.org not every foster parent or foster carers intends to adopt the children they foster. Despite fostering a child being a temporary arrangement we often we see foster parents getting attached to children they foster. Some foster parents will therefore consider adopting their foster child. Foster care adoption can give the child a permanent family and provide permanency for the foster parents too.
However not all foster children become available for adoption. Some foster children may end up being reunited with their parents if it is safe to do so or alternatively may be sent to a relative’s house. Many children are also waiting for permanent adoptive families.
When fostering a child the aim is to reunify the foster child with their parent. The courts usually provide the parents at least one year to work their case plan and adjust themselves so they are in a position to be united with their children. However if the parents have not completed their case plan then the court will usually grant a further extension of 6 months to a year. If an extension is not granted, or if following the conclusion of the extension the parents are not able to support their case for reunification then the courts will terminate the parental rights and decide whether the child returns home or moves on to another permanent plan such as adoption.
Once parental rights are terminated the child will then be matched with a family for adoption. If a foster parent is caring for a child, they will be considered first. If you have been matched with child on the basis of fostering the child, then you can look to finalise foster care adoption.
Once all the paperwork for foster care adoption is finalised and filed with the court then you will await a date to finalise your foster care adoption. The adoption date must be at least 6 months after the child was placed in your home. This is usually not an issue for foster care adoption given that the child will probably have been in your foster care for at least a year or more.
Once the foster care adoption has been finalised the adoption of the child can be registered resulting in an adoption certificate confirming your details as the legal parent.
Some families are ready to adopt a child and change a life, while others may be better suited to fostering or special guardianship, which keep stronger legal links with the birth family. Speaking to a specialist early helps you understand which route best matches your circumstances and the child’s needs
An adoption agency in the United Kingdom can not charge you a fee for arranging the adoption of a child. Despite there not being a fee for adopting a child you may however be responsible for other associated costs. These will usually include the cost for court fees, or the fees associated with any police checks. You will also not be responsible for the costs associated with the assessment process itself too. Some services also provide post adoption support after the order is made, including adoption support such as therapy for children and families. Adoptive parents may also be able to access parenting workshops and education services. In appropriate cases, the Adoption Support Fund can provide financial assistance for therapy.
Adopting a child from abroad can prove to be quite costly as the cost of the process is much higher than the process within the United Kingdom. If you are looking to adopt a child from abroad, you will need to pay for the adoption process. This cost could be in the region of between £10,000.00 and £12,000.00. You will also need to factor in the travel costs for when you will be required to go abroad to complete the adoption process.
If you are thinking about how to adopt a child and change a life—as a first‑time adopter, step‑parent or foster carer – contact us on 0330 094 5880 to discuss your options or let us call you back.
Our family lawyers in Newcastle as well as nationally, have a friendly team that can provide legal guidance on the adoption process and any other child law matter, including questions about family history and post-adoption issues.
8 of 29 guides — scroll sideways for more
Child Custody Specialists
Sibling Contact Orders: Protecting the Bond Between Brothers and Sisters
Child Maintenance Tribunal
Applying for a Child Contact Order
Article 21 Hague Convention – International Child Access
Reasons To Stop Child Contact
Reasons why a fathers access to children should not be restricted
Short videos from the Kabir Family Law team, explaining family law in plain English.
We are a team of legally trained family law and divorce specialists with years of experience across all areas of family law. We are not part of a firm of solicitors, do not undertake legal reserved activities unless permitted and are therefore entirely independent. Please subscribe to our mailing list.
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