Grandparents’ rights to see grandchildren
One of the common misconceptions surrounding family law is that grandparents have an inherent or automatic right to see or
Adoption Law: support at every step
Sensitive support at every stage of the adoption process
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Overview
If you are facing the legal and emotional challenges of the adoption process, speak to our child law specialists for clear adoption legal advice.
What happens when I adopt a child?
Becoming an adoptive parent can be emotional and complex. The adoption process involves managing family relationships and legal issues while always focusing on the child’s best interests. You will go through a legal process where parental responsibility transfers to the adoptive parents. These responsibilities include where the child lives, their schooling and medical care. When a child is adopted, the birth parents give up parental responsibility.
There are two main routes to adoption:
- Through your local council’s adoption agency
- Through a voluntary adoption agency
The agency will ask for personal information and arrange meetings to assess your suitability.
What happens when a child is already part of our extended family?
Many adoptions involve relatives or step-parents who are already caring for a child. These situations can raise complex legal and emotional issues, including consent from other parents and local authority involvement.
When a step-parent adopts the court will consider:
- The child’s welfare
- The views of both parents
- Whether adoption is proportionate or whether alternatives may be more appropriate
It is important to get adoption legal advice early so you understand your options. We’ll help you deal with the local authority and issues of consent if any other parent is still alive. The adoption process has the effect of removing the rights of absent parents which can be challenging. You’ll get support to navigate these challenges with respect for everyone involved.
What are the alternatives to adoption?
Adoption is not always the right solution. Where appropriate, we can advise on alternatives such as parental responsibility agreements, where a step-parent has responsibility for a child without legally replacing another parent. Special Guardianship Orders allow someone to become a child’s legal carer without formal adoption or removing another parent’s legal status.
With step-parent responsibility agreements and Special Guardianship Orders you will also have to meet certain conditions.
Issues of consent if another parent is still alive
Adoption can be more complex if another parent is absent. This is especially true if they are still involved in the child’s life, for example through regular contact. Because the adoption process may take away the rights of the absent parent this can make the situation very challenging. As with all child-related issues, the overriding concern is with the child’s best interests.
What you can expect from us
At all times, our adoption and special guardianship solicitors focus on what’s in the child’s best interests, while also supporting the adults involved with sensitivity and clear, effective advice. We’ll explain what is happening at each stage. We aim to reduce stress and help you feel informed and supported throughout. We provide clear, practical adoption legal advice tailored to your situation.
View our fixed-fee family law consultation page. We offer compassionate, expert guidance from an experienced solicitor, focused on you and your next steps.
Excellent service from a team who clearly cares about its work, its people and its clients.
Who can adopt a child?
If you are wondering who can adopt a child, there are no fixed requirements, but you must meet certain legal criteria and be assessed for suitability.
Legal requirements:
- You must be at least 21 years old. There is no upper age limit, although you must be fit enough to raise a child to independence.
- You must have a fixed abode in the UK, Channel Islands or Isle of Man, and have been resident for at least 12 months.
- If you are in a relationship, it must be stable and lasting. Single people, married couples, civil partners and co-habiting couples can apply.
- A criminal record check is required. If any adult in the household has been cautioned or convicted of specific offences against children or certain other offences, you will not be allowed to adopt.
Assessment criteria
There are no set or universal criteria for becoming an adoptive parent, but these are some of the criteria that will be taken into account when you are being assessed:
- You must be fit and healthy enough to care for a child throughout childhood. A full medical report is required.
- You must be financially stable and have sufficient income to care for a child.
- You must have a secure and safe home environment, with a room for the child. (You don’t need to own your home.)
- Smoking or vaping may reduce your chances of being approved.
- If you have had fertility treatment, you must have completed it before applying.
Support where you need it most
Our adoption law specialists can help with:
- Private family adoption
- Kinship adoption
- Step-parent parental responsibility agreement
- Special Guardianship Orders
Get in touch today for clear, practical adoption legal advice.
If you would like to speak to us, our family and divorce lawyers are based in the offices below, but we can help you wherever you are in England and Wales:
- Bishop’s Stortford
- Cambridge
- Chelmsford
- North Herts
- Saffron Walden
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Our clients range from high-net-worth individuals with complex finances to those with more straightforward needs. We also specialise in the agricultural sector, having a sound understanding of the relationship between business and personal needs.
Our experience in adoption law
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Frequently asked questions
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Adoption law FAQs
What is adoption?
Adoption is the legal process through which parental responsibility for a child is transferred to an adoptive parent. The adoptive parents take on all parental rights and responsibilities for the child, such as where they live, the schools they attend and medical matters. When a child is adopted, the biological parents give up their parental responsibility for the child.
How does the adoption process work?
There are two routes to adopting a child within the UK:
- Through an adoption agency via your local council
- Through a voluntary adoption agency
The first step in the adoption process is to contact the adoption agency and provide them with any information they require. Next, the agency will arrange to meet you to assess your suitability. If you are successful at this stage, and want to move forward, the agency will send you an application form.
Who can adopt a child?
You may be eligible to adopt a child if you:
• Are over the age of 21
• Have lived in the UK, Channel Islands or Isle of Man for at least 12 months
• Meet the local authority’s selection criteria.
You need to prove that you can meet the needs of the child. There’s no universal set of adoption requirements, but there are steps prospective adoptive parents can take to demonstrate your suitability.
How long does adoption take?
From initial enquiry to adoption order, the process generally takes between 6 and 12 months, although timescales vary depending on individual circumstances and the availability of suitable matches.
Court proceedings for the adoption order itself can take several months after the child has been placed with you.
Do birth parents have to consent to adoption?
In most cases, the birth parents’ consent is required. However, the court can dispense with consent if:
The parent cannot be found or is incapable of giving consent; or
The child’s welfare requires the adoption to proceed without consent.
The child’s welfare is always the court’s paramount consideration.
What is an adoption order?
An adoption order is made by the Family Court and permanently transfers parental responsibility to the adoptive parents. Once granted:
The legal relationship between the child and their birth parents ends
The child becomes a full legal member of the adoptive family
A new birth certificate is issued
Adoption orders are final and cannot usually be reversed.
Can step-parents adopt a child?
Yes. Step-parent adoption is possible where a step-parent wishes to obtain parental responsibility and formalise their relationship with a child.
The court will consider:
The child’s welfare
The views of both birth parents
Whether adoption is proportionate, or whether alternatives (such as a parental responsibility agreement or child arrangements order) may be more appropriate
Legal advice is important before proceeding, as adoption permanently ends the other birth parent’s legal rights.
What is fostering for adoption?
Fostering for adoption (also known as early permanence) allows prospective adopters to foster a child who may later be adopted by them, if the court approves the adoption plan.
This can reduce uncertainty for the child and limit the number of moves they experience.
How can a solicitor help with adoption?
At Tees, our experienced adoption solicitor can:
Advise birth parents, adoptive parents and extended family members
Represent you in court proceedings
Explain your rights and responsibilities
Help you understand alternatives to adoption
Support you through complex or contested cases
Adoption proceedings can be emotionally challenging. Clear legal advice helps you understand your position and protects the child’s best interests.
