There is no one-size-fits-all cookie-cutter for the modern family. Many families consist of blended families or non-biological parents. Becoming a legal parent to your step-child through adoption is a profound and permanent decision. It changes family relationships, parental rights, and responsibilities forever.
This guide explains how the process works, what the courts look for, and what recent case law tells us about how judges approach these sensitive applications.
What Is Step-Parent Adoption?
Step-parent adoption is when a spouse, civil partner, or long-term partner of a child’s birth parent applies to become that child’s legal parent.
Once granted, the adoption order:
- Gives the step-parent full parental responsibility, and
- Extinguishes the legal rights of the other birth parent.
The court’s overriding duty is to put the child’s welfare first, following the principles in the Adoption and Children Act 2002 (“ACA 2002”).
The Legal Checklist
- Eligibility – You must be at least 21 and married to, in a civil partnership with the child’s parent to apply for an adoption order
- Residence – You and the child must usually live in England or Wales and have done so for at least one year.
- Living Together – You should have lived with the child for six months or more before applying.
- Consent – The other birth parent’s consent is normally required unless the court decides it should be dispensed with.
- Notification – You must notify your local authority in writing at least three months before applying to court.
- Assessment – A social worker will prepare a detailed report on your circumstances, the child’s welfare, and the family situation.
- Court Application – You apply to the Family Court using Form A58. The court reviews all reports, hears from relevant parties, and applies the welfare checklist.
- Child’s age – the child must be under 18 at the time the order is made.
What the Courts Consider
The ACA 2002 requires judges to consider:
- The child’s wishes and feelings,
- Their physical, emotional, and educational needs,
- The likely effect of the adoption, and
- The importance of preserving family ties — unless severing them better serves the child’s welfare.
Recent cases show that courts take a nuanced, welfare-based approach rather than applying a “one-size-fits-all” rule.
Lessons from the Case Law
- Welfare is paramount – courts weigh the child’s emotional and practical reality against the benefits of maintaining the family tie with the other biological parent.
- Consent matters – adoption can override a birth parent’s objection, but only if doing so serves the child’s welfare. It is a draconian step to sever the legal tie to a birth parent, and other options to formalise the step-parent’s position may be more appropriate in many cases.
- Alternatives must be considered first – adoption should not be used where less drastic legal orders would suffice.
- Existing family bonds carry weight – the more stable and long-term the relationship, the stronger the case for adoption. The court will consider how settled the child’s life is with their step-parent and whether the applicant plays a true parental role in considering the welfare of the child,
- Human rights inform interpretation – courts can adapt the law to protect existing family life. For example, in Re H [2023], although the applicant was no longer a “partner of a parent” under the ACA 2002 after the child’s mother had sadly died, the court interpreted the statute in line with the Human Rights Act 1998, approving the adoption order. The judge found that excluding the applicant would breach the child’s right to family life, highlighting how human rights principles shape modern adoption law.
Practical Tips for families considering step-parent adoption
- Seek legal advice early from a family law solicitor. If step-parent adoption is not the right option for your family, there may be other options that will recognise the step-parent’s relationship with the child, such as a parental responsibility agreement, order or child arrangements order.
- Be patient — the process often takes 6–12 months.
- Remember: adoption permanently changes legal and emotional ties.
- The court will not lightly sever the legal tie with the other biological parent.
Final Thoughts
Step-parent adoption can bring families closer together, offering legal certainty and emotional security. But it is also a draconian step, and the courts must be satisfied that it is in the best interests of the child and nothing else will do.
Courts in England and Wales recognise the complex realities of modern families, from blended households to international surrogacy, and they aim to balance love, law, and lasting stability in every decision.
Rayden Solicitors are legal specialists in step-parent adoption and are able to advise at any stage of the process, and in particular advising as to the legal process to obtain legal parentage in the UK. Please do not hesitate to contact us if you would like to discuss your options relating to step–parent adoption.
