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What happens next?

The court will ask your local council to provide a report on your partner, the child and other birth parent, to help the court make a decision. The report will be prepared by a social worker. The child’s other parent(s), holding parental responsibility for them must normally agree to the adoption, although sometimes the court may decide this is not necessary.

Before the new Adoption and Children Act 2002 came into force on 30 December 2005, the law required that both you and your husband/wife needed to adopt the child, even though one of you was already the child's parent.

However, the new Act states that an adoption order in this circumstance does not extinguish parental responsibility (PR) of the parent who is the applicant’s partner, but the order does extinguish PR for the other parent and anyone else who has PR for the child, or any other order such as a contact order, a residence order or a special guardianship order. The order gives parental responsibility for the child to the applicant.

• Find your local council

Alternative to adoption

A step-parent can also now get parental responsibility for their partner's child if both birth parents (or anyone else with parental responsibility) agree, or by order of the court.

This means there is an alternative to adoption for step-parents who wish to get parental responsibility for their step-child. It has the advantage of not removing parental responsibility from the other birth parent, and does not legally separate the child from membership of the other birth parent's family. This new measure also applies to civil partners.

Adopting relatives from overseas

To adopt a relative from overseas (otherwise known as intercountry adoption), you will need to go through the same process as adopting a child not known to you from overseas.

• Intercountry adoption

Things to consider

An important point people can forget is that the courts view adoption from the child's perspective, rather than the adult's. What an adult wants is taken into account, but an adoption order will only be granted if it is viewed as being in the best interests of the child. Some people feel the need to adopt their stepchild in order to make the family feel complete, but this is not a good enough reason for a court to grant an adoption order.

More useful links

• Contact details for local council adoption services and voluntary adoption agencies Opens new window
• Advice about some of the legal considerations that apply to adoption Opens new window