When you are caring for a child who is already part of your family, adoption can provide long-term stability and legal certainty. Relative and step-parent adoption gives you full parental responsibility and creates a permanent home for the child. This article explains the legal process in clear, practical steps so you can understand what to expect and how to prepare.
Estimated reading time: 5 minutes
Understanding Relative and Step-Parent Adoption
Relative and step-parent adoption is when a child is adopted by someone who already has a meaningful connection with them. This includes:
• Step-parents
• Grandparents
• Aunts and uncles
• Adult siblings
• Other close family members
Adoption creates a new legal parent-child relationship. It also removes parental responsibility from the birth parents unless the court orders otherwise.
Adoption is a serious and permanent step. It is important to understand whether adoption is the right legal route or whether another order such as a Special Guardianship Order or a Child Arrangements Order might be more appropriate. You can explore these options on our Children’s Matters page at Waely Law.
Who Can Apply for Adoption?
You can apply if you are aged 21 or over and you have a close, established relationship with the child. The court looks at:
• Your connection to the child
• The stability you can offer
• The child’s welfare
• Whether there are safer or more appropriate legal options
If you are a step-parent, you must usually be married to, in a civil partnership with, or living with the child’s parent in a long-term relationship.
When Is Consent Required?
The court will usually need the consent of:
• Each birth parent with parental responsibility
• Anyone else who holds parental responsibility
However, the court can decide that adoption should proceed without consent if the child’s welfare requires it. This is called dispensing with consent. It is used when returning the child to the care of a birth parent would put them at risk or create significant harm.
Birth parents can object, but the judge will always focus on the child’s long-term welfare.
The Step-Parent and Relative Adoption Process
1. Giving Notice to the Local Authority
Before making an adoption application, you must notify your local authority at least ten weeks in advance. This allows social services to start their assessment and prepare a report for the court.
2. Social Worker Assessment
A social worker will visit you and the child to assess:
• Your relationship with the child
• Your parenting capabilities
• Your home environment
• The child’s wishes and feelings (depending on age)
• Family background and circumstances
The assessment forms part of the Child’s Adoption Placement Report.
3. Completing the Court Application
The application is made on Form A58. You submit this to the Family Court along with supporting documents such as the child’s birth certificate and proof of identity.
4. Court Process
The court considers:
• The assessment from the local authority
• Views of birth parents
• Your evidence and reasons for adoption
• The child’s welfare checklist
• Whether adoption is the most appropriate order
The judge may hold one or more hearings depending on whether the adoption is agreed or contested.
5. The Adoption Order
If granted, the Adoption Order gives you full parental responsibility. The child becomes a legal member of your family. A new birth certificate is issued naming you as the child’s parent.
Is Adoption Always the Best Option?
Not always. Adoption is permanent and removes the legal ties between the child and their birth parents.
In some cases, the court may prefer alternatives such as:
• Special Guardianship Order
• Child Arrangements Order (Live With)
• Parental Responsibility Agreement
• Prohibited Steps or Specific Issue Orders
These may give you legal authority to care for the child without ending the legal relationship with the birth family.
If you are unsure which route is right, contact us to discuss your situation.
How Waely Law Helps
We help step-parents and relatives understand what to expect and provide clear advice at every stage. This includes:
• Guidance on the ten-week notice requirement
• Help preparing your evidence
• Legal support for contested adoption cases
• Advice on alternatives to adoption
• Representation at court hearings
• Ensuring the child’s long-term welfare remains central
You can speak to a family law solicitor by calling 020 3892 1787 or requesting a consultation online.
Frequently Asked Questions (Plain Text)
What is a relative adoption?
It is when a child is adopted by a family member such as a grandparent, aunt, uncle, adult sibling or other close relative.
Can a step-parent adopt without the other birth parent’s consent?
Consent is usually required, but the court can dispense with consent if the child’s welfare requires it.
How long does relative or step-parent adoption take?
Most cases take between six and twelve months depending on assessments and hearings.
Do I have to tell social services before applying?
Yes. You must notify the local authority at least ten weeks before applying.
Is adoption the same as a Special Guardianship Order?
No. Adoption permanently removes parental responsibility from birth parents. Special Guardianship does not.
What happens to the child’s surname after adoption?
You choose the child’s new legal name when the Adoption Order is granted.
Can birth parents oppose the adoption?
Yes. They can object. The court will decide based on the child’s welfare.
Do I need a solicitor for relative or step-parent adoption?
Legal representation is not mandatory but is strongly recommended, especially if the adoption is contested.
References
- Adoption and Children Act 2002 (GOV.UK)¹
- Family Court guidance on Adoption Orders (HMCTS)²
- Local authority adoption procedures (Your Council’s Adoption Service)³
¹ https://www.legislation.gov.uk/ukpga/2002/38/contents
² https://www.gov.uk/courts
³ https://www.gov.uk/child-adoption
Your Next Steps
If you are considering adoption as a step-parent or family member, early legal advice can help you make confident decisions. You can call Waely Law on 020 3892 1787 or request a consultation using our contact form.
