Whether you're considering adopting a stepchild, embarking on international adoption or seeking assistance navigating the UK's adoption process, our dedicated legal professionals are committed to helping you every step of the way.
At Garratts, we understand the life-changing impact that adopting a child can have on both the child and the adoptive family. Speak to our Care Proceedings team on 0161 665 3502 today or request a callback.
Child eligibility criteria for an adoption
To be eligible for adoption, a child must meet the following criteria:
- Be under the age of 18 when the adoption application is made.
- Not be (or have never been) married or in a civil partnership.
(*Source: Gov.uk)
It is crucial to ensure that the child you are considering adopting meets these requirements, as they are fundamental to the legal adoption process in England and Wales. Our team of adoption solicitors will help you navigate these criteria and provide guidance throughout the adoption journey.
Who can adopt a child?
In England and Wales, any individual aged 21 or above can apply to adopt a child, provided they can offer a stable, loving home and meet the necessary eligibility criteria. There is no upper age limit, but you must be able to demonstrate the health and energy required to raise a child.
Both single people and couples, including those in same-sex relationships, can adopt. It is essential to note that the adopter's legal residency status and criminal records will be carefully assessed during the process.
Adoption stages
The adoption process consists of several stages, including:
- Initial enquiry
- Preparation and training
- Assessment
- Matching
- Introductions and placement
- Adoption court order application
- Post-adoption support
Each stage is designed to ensure the child's best interests are protected and the adoptive parents are well-prepared for their new responsibilities.
What is an adoption court order?
An adoption court order is a legal document granted by a court that permanently transfers all parental rights and responsibilities from the child's birth parents to the adoptive parents. This order effectively severs the legal ties between the birth parents and the child, ensuring the child's new life within the adoptive family.
How to apply for an adoption court order
To apply for an adoption court order, the child must have lived with the prospective adopters for at least 10 weeks. The application process involves several necessary steps, which are outlined below:
- Meeting residency requirements: Before applying for an adoption court order, the prospective adopters must ensure that the child has lived with them for at least 10 weeks. This residency period allows the child and the adoptive family to bond and adjust to their new living situation.
- Completing the application form: The prospective adopters will need to complete the appropriate application form (Form A58) to apply for an adoption court order. This form requires detailed information about the prospective adopters, the child, and the circumstances of the adoption.
- Gathering supporting documents: Alongside the completed application form, the prospective adopters must submit several supporting documents, including the child's original birth certificate, the adoption agency's placement report, and any other relevant information related to the adoption.
- Submitting the application: Once the application form and supporting documents are prepared, they must be submitted to the Family Court that has jurisdiction over the area where the prospective adopters reside. A court fee will also be associated with the submission, which must be paid at the time of filing.
- Court proceedings: After receiving the application, the court will review the documents and may request additional information or schedule hearings to assess the case further. The court will also appoint a children's guardian to represent the child's best interests throughout the proceedings.
- Finalising the adoption court order: If the court determines that the adoption is in the child's best interests, it will grant the adoption court order, which legally finalises the adoption. This order terminates the legal rights and responsibilities of the child's birth parents and transfers them to the adoptive parents.
Adopting a stepchild
Stepchild adoption is when a person adopts their spouse's or partner's child, becoming their legal parent. This process has several key aspects to consider and typically requires the consent of the child's other birth parent unless specific circumstances apply. Our adoption solicitors can provide expert guidance on the legal requirements and procedures involved in stepchild adoption, including:
- Obtaining consent: One of the most critical aspects of stepchild adoption is obtaining the consent of the child's other birth parent. In some cases, this consent may not be required if the birth parent cannot be located, is deemed unfit to provide consent, or if there are other exceptional circumstances.
- Home study and assessment: Similar to other types of adoption, adopting a stepchild involves undergoing a home study and assessment conducted by a social worker. This process ensures that the prospective adoptive parent can provide a stable, loving, and nurturing environment for the child.
- Legal paperwork: Our adoption solicitors will help you prepare and file the necessary legal documents for stepchild adoption, such as the adoption application and any additional required forms.
- Court hearings: In most cases, a court hearing is required to finalise the stepchild adoption. Our solicitors will support you throughout the court process, representing your interests and ensuring that all legal requirements are met.
- Post-adoption considerations: Once the stepchild adoption is complete, the adoptive parent assumes all legal rights and responsibilities for the child. This may include updating the child's surname, making changes to their birth certificate, and ensuring that any necessary legal and administrative updates are completed. It is also important to consider the emotional and psychological aspects of the adoption, as the child may need support in adjusting to their new family dynamic.
- Parental responsibility: After the stepchild adoption is finalised, the adoptive parent will have full parental responsibility for the child, which means they will be responsible for making important decisions regarding the child's welfare, education, and medical care. Understanding and embracing these responsibilities is essential to ensure the child's well-being.
- Maintaining relationships with birth family members: Depending on the circumstances, it may be beneficial for the child to maintain a relationship with their birth family members, such as grandparents, siblings, or other relatives. Our solicitors can guide you on how to navigate these relationships while prioritising the child's best interests.
- Accessing support services: Adopting a stepchild can present unique challenges and opportunities for both the child and the adoptive family. It is important to be aware of the various support services available, such as counselling, support groups, and educational resources, to help your family navigate this journey successfully.
Adoption costs
Adoption costs in the United Kingdom can vary depending on the type of adoption you are pursuing. Here is an overview of the potential costs involved in the process:
Domestic adoption costs
Generally, adopting a child through a UK local authority or voluntary adoption agency does not involve any significant fees. The adoption assessment, training, and home study are typically provided free of charge. However, you might incur some additional costs, such as travel expenses during the matching and introduction process or any necessary home modifications to accommodate the child.
Stepchild adoption costs
If you're adopting a stepchild, you will need to pay a court fee. As of September 2021, the court fee for a step-parent adoption application is £170. Please note that fees may change, so checking the current fee structure is essential. You're also incur solicitor fees for legal guidance.
International adoption costs
International adoptions can be more expensive due to the costs associated with travel, paperwork, and agency fees in the child's home country. The costs can vary significantly based on the country involved and the specific circumstances of the adoption. In addition to these expenses, you will also need to pay fees to the Department for Education's Intercountry Adoption Centre, which oversees international adoptions in the UK.
General cost of legal representation
While not mandatory, seeking legal advice and representation from an experienced adoption solicitor, such as those at Garratts, is highly recommended. Solicitor fees can vary depending on the complexity of your case and the extent of the services you require.
Researching and budgeting for the potential costs associated with the adoption process is essential to ensure a thorough and successful journey.
Adopting a child internationally
International adoption involves adopting a child from a country outside of the United Kingdom. This process can be more complex than domestic adoption, as it involves compliance with both UK legislation and the laws of the child's home country.
There are several key aspects to consider when pursuing international adoption:
- Hague Convention: The UK is a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. This international agreement sets out guidelines and procedures for intercountry adoption to ensure the child's best interests. The adoption process must follow the Hague Convention regulations if the child's home country is also a signatory.
- Adoption authority: Each country has its own central authority responsible for overseeing intercountry adoptions. In the UK, this role is fulfilled by the Department for Education. The adoption authority in the child's home country must approve the adoption process, and communication between the two authorities is essential.
- Home study and suitability assessment: Prospective adopters must undergo a comprehensive home study and suitability assessment by a UK adoption agency. This assessment includes criminal background checks, medical evaluations, financial stability checks, and interviews to ensure that the prospective adopters can provide a stable and nurturing home for the child.
- Matching process: The matching process for international adoption can be complex, as it involves working with adoption agencies and authorities in both countries. Prospective adopters must be patient and flexible during this stage, as the matching process can take time to ensure the best fit for the child.
- Immigration and citizenship: Once the adoption is finalised, the child will need to obtain the necessary immigration clearance to enter the UK. The adoptive parents must apply for a visa on behalf of the child and, once in the UK, may need to apply for British citizenship for the child.
- Post-adoption support: International adoptees may face unique language, culture, and attachment challenges. It is crucial to seek ongoing post-adoption support to ensure a smooth transition and continued success for the child and the adoptive family.
How to stop an adoption process
The adoption process ensures that the child and the prospective adoptive family are safe and secure. If, for any reason, either party wishes to end the adoption process, they can do so at any stage before the court order is granted.
At Garratts, we understand how important it is to ensure that the adoption process is carried out in the best interests of all parties, and we can help you make an informed decision if you wish to end the adoption process.
