Can You Adopt as a Single Parent? What the Law Allows

Part of: How to Adopt a Child and Change a Life

Yes, you can adopt as a single parent in England and Wales, because the Adoption and Children Act 2002 lets one person aged 21 or over apply for an adoption order alone. The age and residence rules are the same ones couples meet. The detail changes if you are separated but still married, live with a partner, or hope to adopt a child who already lives with you, because a different part of the Act applies. The assessment also looks closely at who would support you. This guide explains each rule, so you can contact an agency knowing where you stand.

If you are thinking of adopting on your own, book a free initial consultation and one of our specialists will give you initial advice before you approach an agency.

Can a single person adopt a child in the UK?

In England and Wales, yes. A single woman or a single man can apply, because section 51(1) sets only two conditions on the applicant. You must be 21 or over, and you must not be married or in a civil partnership. There is no upper age limit, and you do not have to be a British citizen (GOV.UK).

You do need a settled connection to the British Islands. Section 49 requires that you are domiciled here, or that you have lived here habitually for at least a year before the application. GOV.UK also asks for a fixed and permanent home in the UK, the Channel Islands or the Isle of Man. The child must be under 18 when you apply (s.49(4)).

Scotland and Northern Ireland have their own adoption rules, so this guide covers England and Wales only. For the steps every adopter follows, from the first agency meeting to matching, see our guide on how to adopt a child.

Who counts as single when you adopt?

When you are adopting as a single parent, the law looks at your legal status, whatever your relationship feels like day to day. Four situations come up again and again, and each points to a different part of section 51.

Single, divorced or widowed

If you have never married, or your marriage or civil partnership ended by divorce, dissolution or death, section 51(1) applies and you can apply on your own. Dating someone you do not live with leaves that unchanged. Even so, the agency must note any partner at the first stage (Schedule 4, Part 1, para 6).

Married or in a civil partnership, but separated

You can still adopt alone. Under section 51(3), or 51(3A) for civil partners, the court must be satisfied of one of three things. Either your spouse cannot be found, or you have separated and live apart in a way that is likely to be permanent, or your spouse is too ill, physically or mentally, to apply. At stage one the agency must also record why a married applicant is applying alone (Schedule 4, Part 1, para 2). So a clear, dated account of the separation helps from the very first meeting.

Living with a partner you have not married

Section 51(1) turns on marriage and civil partnership. On its wording, then, an unmarried person can apply alone while living with a partner. However, the Act treats two people living as partners in an enduring family relationship as a couple (s.144(4)), and a couple can apply together (s.50). Either way, your partner is part of the picture. The agency records everyone in your household, and the report covers how they are likely to relate to the child (Schedule 4, Part 1, para 9 and Part 3, para 10).

The choice matters later. An adoption order gives parental responsibility only to the adopter or adopters it names (s.46(1)), and the child is treated in law as their child (s.67). If your partner is the child’s parent, you would be applying as a step-parent under section 51(2) instead, which our guide to step-parent adoption and special guardianship covers.

A single parent who wants to adopt their own child

This is rare, and the bar is higher. A mother or father cannot adopt their own child alone unless the court is satisfied that the other natural parent is dead or cannot be found, that there is no other legal parent after assisted conception, or that some other reason justifies it. The court must record that reason (s.51(4)). Before any adoption order, the court must also consider the whole range of orders open to it (s.1(6)), so take advice first.

Adopt as a single parent: check which rule applies to you

Answer three questions to see which part of the Act applies to you, how long the child must live with you first, and what your assessment will focus on. Nothing you choose is saved or sent anywhere.

Single parent adoption: what the assessment looks at

Every applicant goes through the same agency assessment, which our guide to adopting a child walks through stage by stage. In England, the Adoption Agencies Regulations 2005 list what the report on you must contain. Several items carry more weight when you adopt as a single parent, because one adult and one income cover everything. Wales has its own version, the Adoption Agencies (Wales) Regulations 2005.

• Your wider family, and the part they would play in your life and the child's (Schedule 4, Part 3, para 11).
• Your friendships and social networks, and how settled you are in your local community (para 13).
• Your work, and how you plan to balance employment and childcare (para 16).
• Your income and spending (para 17).
• Your capacity to help a child through feelings of loss and trauma, and to share their history with them (para 18).

Alongside the report, GOV.UK lists preparation classes, several social worker visits, a police check, a full medical and three personal referees, one of whom can be a relative (GOV.UK). An independent panel then makes a recommendation, and the agency decides whether you are suitable. If it says no, you can challenge the decision in writing or apply to the Independent Review Mechanism. You can also go to another agency, although you would start again.

Can a single parent get adoption leave and pay?

Yes, if you are an employee adopting through an agency. GOV.UK excludes private adoptions, adopting a stepchild or a family member, and becoming a special guardian or kinship carer (GOV.UK). When you adopt as a single parent there is no second income to fall back on, so plan the money early. Statutory Adoption Leave is 52 weeks. Only one person in a couple can take it, but when you adopt alone, that person is you (GOV.UK). It also gives you paid time off for 5 adoption appointments after you are matched with a child.

Statutory Adoption Pay lasts up to 39 weeks. For the first 6 weeks it is 90% of your average weekly earnings. For the next 33 weeks it is £194.32 or 90% of your earnings, whichever is lower (GOV.UK). To qualify, you need 26 weeks of continuous employment with your employer by the week you are matched, and average earnings of at least £129 a week.

Your agency will look at the same figures, because the report must include your income and spending. Once a child is with you, GOV.UK also points adoptive families to the Adoption Support Fund, which pays for therapy. Your social worker can apply to it for you.

How soon can a single parent apply to court?

How long the child must live with you before you apply depends on how they came to you. When no agency placed the child, you must also tell the council you intend to adopt.

The agency, or the council where no agency placed the child, must have had enough chances to see you and the child together at home (s.42(7)). Then you apply to the family court. According to GOV.UK, you can apply online for a post-placement adoption, while other applications go by post on form A58. The court fee is £212 (GOV.UK). What the order changes, for you and for the birth family, is explained in our guide to adoption orders.

If the child is a relative, adoption is not the only way to give them a permanent home. Our guides to kinship care and special guardianship orders set out the alternatives.

Adopt as a single parent: frequently asked questions

General information about the law in England and Wales, not advice on your circumstances.