The legal process for step-parent and partner adoption in England and Wales
If you are in a relationship with someone who has a child, you may already play an important role in that child's life. Over time, it is natural to want to formalise that relationship legally.
Adopting your partner's child gives you full parental responsibility and legal recognition as their parent. It can provide clarity, stability, and long-term security for your family.
However, adoption is a significant and permanent legal step. The process varies depending on your circumstances, particularly whether you are married to your partner or not. In the article our specialised Adoption Solicitors provide some advice and guidance on the steps involved in adopting a partner's child.
What does adopting your partner's child mean?
Adoption creates a permanent legal relationship between you and the child.
If an adoption order is made:
- You become the child's legal parent
- You share parental responsibility with your partner
- The legal relationship with the other biological parent is usually ended
Because of these consequences, the court will carefully consider whether adoption is in the child's best interests.
This article specifically deals with adopting a step-child or the child of an unmarried partner. If you are looking for a broader overview of adoption, please see:
How to adopt a child in the UK or How to Adopt a Child from Abroad.
The legal process: key steps
Although each case is different, the legal process for adopting a partner's child generally follows a structured route.
You must give notice to your local authority of your intention to adopt. This is a formal requirement and must be done before applying to the court.
The local authority will then carry out an assessment. A social worker will prepare a report for the court, looking at your relationship with the child, your home environment, and your ability to meet the child's needs.
Once this is complete, you can apply to the court for an adoption order. The court will consider all the evidence and decide whether adoption is in the child's best interests.
Adopting a stepchild (where you are married or in a civil partnership)
If you are married to, or in a civil partnership with, the child's parent, the process is usually referred to as step-parent adoption.
This is the most common scenario.
In these cases, the court will consider:
- The stability of your relationship with your partner
- The role you already play in the child's life
- The child's relationship with the other biological parent
Consent from the other biological parent is usually required if they have parental responsibility. If consent is not given, the court can still proceed, but only if it is satisfied that this is in the child's best interests.
Being married or in a civil partnership does not guarantee that an adoption order will be made, but it can provide a clear legal framework for the application.
Adopting a partner's child when you are not married
If you are not married to your partner, it is still possible to adopt their child.
The legal test remains the same — the court will focus on the child's welfare and whether adoption is the right outcome.
However, in practice, the court may look more closely at:
- The nature and stability of your relationship
- Your long-term commitment to the child
- Your role in the child's upbringing
You will still need to follow the same process of notifying the local authority, undergoing an assessment, and applying to the court.
In some cases, alternatives to adoption may be considered, particularly where adoption would permanently end the legal relationship with the other parent.
Consent and the role of the other parent
Consent is one of the most important aspects of step-parent or partner adoption, and it is often where the most complex issues arise.
In most cases, there are two biological parents to consider. One is your partner, who will usually be supporting the application and therefore providing consent. The position of the other biological parent is often more complicated.
Whose consent is required?
If a parent has parental responsibility, their consent to the adoption will usually be required.
Parental responsibility may arise in different ways. A mother automatically has parental responsibility. A father may have parental responsibility if he was married to the mother, is named on the birth certificate (in most cases), or has acquired it through agreement or court order.
Establishing whether the other parent has parental responsibility is a key early step.
What if the other parent agrees?
Where the other parent has parental responsibility and gives consent, the process is generally more straightforward.
The court will still consider whether adoption is in the child's best interests, but agreement between the adults involved can make the process smoother and reduce the likelihood of disputes.
What if the other parent refuses consent?
If the other parent has parental responsibility and does not agree to the adoption, this does not automatically prevent the application from proceeding.
The court has the power to dispense with consent, but only where it is satisfied that this is necessary for the child's welfare.
This is a high threshold. The court will consider the nature of the child's relationship with that parent, the level of involvement they have had, and the impact on the child of ending that legal relationship.
What if the other parent is absent or cannot be traced?
In some cases, the other parent may no longer be involved in the child's life or may be difficult to locate.
Reasonable steps must usually be taken to identify and contact that parent if they have parental responsibility. If they cannot be located, or have had no meaningful involvement, the court may decide to proceed without their consent.
When consent may not be required
If the other parent does not have parental responsibility, their consent is not required. However, the court may still take their views into account depending on the circumstances.
Why this stage is often complex
Adoption permanently ends the legal relationship between the child and the other biological parent. Because of this, the court approaches these cases with great care.
Disputes around consent can lead to delays and require detailed evidence to support the application.
Getting advice at an early stage
If there is any uncertainty around parental responsibility or consent, it is important to seek advice early.
Alternatives to adoption
Adoption is not the only way to formalise your role in a child's life.
Depending on your circumstances, alternatives may include:
- A parental responsibility agreement
- A child arrangements order
These options can provide legal recognition without permanently ending the other parent's legal relationship with the child.
The role of a solicitor when adopting your partner's child
While some aspects of the process are handled through the local authority, the legal outcome is determined by the court. This is where the role of a solicitor becomes particularly important.
Adoption permanently changes a child's legal relationships. Because of this, the court applies careful scrutiny to every application. A solicitor's role is to guide you through the process, ensure the correct legal approach is taken, and help avoid delays or complications.
Early advice: choosing the right legal route
Adoption is not always the only option. In some cases, alternatives such as a parental responsibility agreement or a child arrangements order may be more appropriate.
A solicitor can help you understand your options, compare the different legal routes, and identify any potential issues at an early stage.
Dealing with consent and parental responsibility
Issues around consent are often the most complex part of step-parent adoption.
A solicitor can advise on whether the other parent has parental responsibility, whether their consent is required, and how the court is likely to approach the case if consent is not given.
They can also help you prepare the evidence needed to support your application.
Preparing and managing the court application
The adoption process involves a formal court application supported by evidence and reports.
A solicitor will ensure that the application is correctly prepared, that all required documents are included, and that your case is presented clearly.
Representing you in court
In cases where there is disagreement or complexity, court hearings may be required.
A solicitor can represent you, present your case clearly, and respond to any issues raised by the court or other parties.
Avoiding delays and complications
A solicitor helps ensure that the correct process is followed from the outset and that any potential issues are addressed early.
This can reduce delays and improve the overall outcome.
Providing clarity and reassurance
Adopting your partner's child is both a legal and personal step.
A solicitor provides clear, practical advice at each stage, helping you understand what to expect and giving you confidence as the process progresses.
Final thoughts
Adopting your partner's child can provide long-term security and clarity for your family.
However, it is a serious and permanent legal step. Understanding the process and considering all options carefully is essential.
With the right advice and preparation, you can make an informed decision that is in the best interests of the child.
Step Child Adoption – Frequently Asked Questions
Yes. Same-sex spouses and partners can apply to adopt a partner’s child in the same way as opposite-sex couples.
Yes. You do not need to be married to adopt your partner’s child. The court will focus on the child’s welfare and your role in their life.
If the other parent cannot be traced, the court may allow the adoption to proceed, provided reasonable efforts have been made to locate them.
Possibly. If the other parent cannot be located, has had no involvement in the child’s life, or refuses consent unreasonably, the court may still allow the adoption.
Yes. Once adopted, a stepchild is treated in law as your child for inheritance purposes.
Usually, yes. Everyone with parental responsibility should normally consent to the adoption unless the court decides consent can be dispensed with in exceptional circumstances.
No. Married couples, civil partners, and unmarried partners may all be able to apply for step-parent adoption if they meet the legal requirements.
Not automatically. A child’s surname can only be changed with the appropriate consent or a court order.
An adoption solicitor can advise on parental consent, court applications, parental responsibility, alternatives to adoption, and represent you if the application becomes contested.
The process often takes around 6 to 12 months, although timescales can vary depending on whether consent is disputed and how quickly assessments are completed.
There are court fees involved and you may also have legal costs if you instruct a solicitor. Costs vary depending on the complexity of the case.
Yes. In some cases, a Step-Parent Parental Responsibility Agreement or Child Arrangements Order may achieve the desired legal protection without permanently ending the other parent’s legal status.
The court will consider whether adoption is still in the child’s best interests. In some cases, the court can proceed without the other parent’s consent.
Once the adoption order is made, you become the child’s legal parent with full parental responsibility, and the legal relationship with the other biological parent is usually ended.
Yes. The local authority usually prepares a report for the court assessing the child’s welfare and whether adoption is appropriate.
In most cases, yes. Adoption usually ends the legal relationship between the child and the other biological parent.
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About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
