Step-parent adoption is a way of solidifying an existing relationship with a child and creating a secure legal footing and lifelong connection. There are various situations when step-parent adoption might be appropriate.
By adopting, you will gain parental responsibility and you will also become financially responsible for the child. The child will inherit from you automatically if you die without a Will or they will be able to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975.
To be eligible to apply for step-parent adoption:
- You must be aged 21 or over.
- The child must be below the age of 18 at the time of the application.
- You must be domiciled in the UK or have been habitually resident in the UK for 12 months prior to making the application.
- The child must have lived with you for at least 6 months prior to making the application.
In addition, there is a particular process to be followed:
- Give written notice to your local authority of your intention to apply for adoption.
- You must allow at least 3 months, but not more than 2 years before making an application to the court on the necessary form and with the court fee.
- Anyone else with parental responsibility must consent to the adoption or be informed of the application.
- There will be a number of hearings.
- Once the adoption order is made your child’s birth certificate will be replaced with an adoption certificate which records the legal parents of the child.
If an adoption order is made then this will permanently extinguish the parental responsibility of any other person not named on the adoption certificate.
Step-parent adoption is complex and the criteria is extremely strict. The court has a stringent test which will be applied to ascertain whether such adoption is in the best interests of the child.
For more information on step-parent adoption please click here to contact a member of our highly experienced and friendly family law team.
