A sense of identity is considered to be a crucial part of a child’s wellbeing, so step-parent adoption is, on the whole, to be welcomed. There are many reasons someone may want to adopt their stepchild, not least to show commitment to the family unit and to make important decisions in the child’s life. But what happens if the child’s biological father objects? Can a stepchild be adopted without their consent?
A sense of identity is considered to be a crucial part of a child’s wellbeing, so step-parent adoption is, on the whole, to be welcomed. There are many reasons someone may want to adopt their stepchild, not least to show commitment to the family unit and to make important decisions in the child’s life. But what happens if the child’s biological father objects? Can a stepchild be adopted without their consent?
If you have concerns about your family situation or your children and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
Who can apply for a step-parent adoption?
A step-parent can apply to adopt their stepchild, if:
- They are aged 21 years or more
- They can satisfy the court and the appointed local authority social worker, that the adoption is in the child’s best interests. The social worker will make a report on the applicant’s suitability to adopt
- They have been living as a family for at least six months before applying for an adoption order. You can be a same sex couple and do not have to be married or in a civil partnership
What are the rights of the biological parent?
Generally speaking, it is not usually possible for a step-parent to adopt their stepchild if the biological father is still a part of the child’s life. This is because they are often unwilling to give up their parental responsibility and consequently, their legal relationship with the child. The importance of retaining a close relationship with birth parents is well recognised by the courts and child development experts.
If the biological parent refuses to give consent to the adoption, under Section 47 of the Adoption and Children Act 2002, an adoption order cannot be made. However, in certain cases, the court can determine that their consent is not required and make the order.
What are the circumstances where the biological father’s objections can be overruled?
In making the decision to dispense with a biological father’s consent to adoption, the court will look at:
- The extent to which the biological father has participated in the child’s life, practically, financially, and emotionally
- The extent to which they would be likely to do so in the future
- The views of the child (depending on their age and understanding)
How do I apply for a step-parent adoption?
The first step is to formally write to your regional adoption agency informing them you wish to consider step-parent adoption. In your letter, you should provide full family details, including names, dates of birth, relationships, addresses and contact details.
You should also set out how long you have lived together as a family and the views of all parties on the proposed adoption, including the child’s biological father and any significant relatives, such as grandparents. If you are not married to the child’s parent, you will need to satisfy the court that you are living together in an enduring family unit.
The local authority social worker will make a report about the step-parent’s suitability to adopt having regard to the stability and permanence in the parties relationship, amongst other things.
Are there any alternatives to adoption?
Step-parent adoption may not always be the most appropriate course of action. This may be because the biological father objects, or it is financially prohibitive to bring a case to court to challenge this issue. But there are alternatives which may secure your place in the child’s family.
A step-parent who is married to the resident birth parent can obtain parental responsibility (PR) by entering into a parental responsibility agreement with all those holding PR. It can also be obtained by applying to the court for a PR order or a child arrangements order.
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