Adopting a Child – How Does the Process Work?

Adopting a child is a life-changing decision and the process can be challenging. It is one that will bring responsibility and a legally recognised bond between a child and the adoptive parent(s). In this article, we look at the main legal steps involved in adopting a child, whether you are thinking about expanding your family, formalising your relationship with a stepchild, or adopting a child from overseas. We also answer some of the frequently asked questions for those considering adoption.

There are several pieces of legislation that govern adoption. One of the most important is the Adoption and Children Act 2002. When an adoption order is granted by the court, the child becomes a full member of the adoptive family and all parental rights and responsibilities from the child’s birth parents are permanently transferred to the adoptive parent(s).

You are eligible regardless of whether you are single, married, in a civil partnership, or living with a partner. Same-sex couples and individuals of all backgrounds, including those with or without biological children, are eligible to adopt. You have to be 21 years old or over, live in the UK, Channel Islands or Isle of Man, and able to provide a stable and loving home.

There are a number of factors that will prevent you from being allowed to adopt a child. There include serious criminal convictions, especially offences against children, and a history of violence or abuse. You may also be prevented from adopting if you have unresolved mental health or substance misuse issues and are not able to provide a stable home environment for the child. There is a comprehensive assessment process.

A local authority (council) adoption agency or a voluntary adoption agency (VAA) will carry out assessments, provide training, and help match you with a child. They are there to help support you throughout the process and post-adoption.

Adopting a stepchild involves a different process to general adoption. You must provide the local authority with three months’ written notice of the intention to apply for an adoption order before making an application to the family court. There will be assessments and checks undertaken, including a report from a social worker. If the adoption order is granted,  this will give you parental responsibility for the child along with your spouse or partner, and the legal rights of the child’s other birth parent (if applicable) will be removed.

The consent of the birth parents or any person with parental responsibility for the child is required. However, this is not necessary in certain circumstances.

International adoption is a more complex process as it involves both home and overseas legal requirements. First you will be assessed and approved by a UK adoption agency. You then have to apply for a Certificate of Eligibility. You will have to also comply with the legal adoption process in the child’s country of origin and apply for a visa to bring the child to the UK. We would strongly advise you seek legal advice before beginning this process.

Start by contracting an adoption agency who will invite you to an information session where you can learn more. You can then register with them your intention to adopt. The next stages involve initial training, checks, and a detailed assessment. Once you have completed these stages, an independent panel will review your case. If this is successful, you will then be matched with a child who will be placed with you under supervision. The final step is being granted an adoption order through the family court.

You must complete Form A58 (application for an adoption order), submit supporting documents (such as the child’s birth certificate and agency reports), the court fee of £207 (as at 1 April 2025), the court will list a hearing for you to attend.  Sometimes there may be a number of hearings required. If approved, you will be issued with an adoption certificate. This replaces the original birth certificate and names you as the child’s legal parent(s).

It is not a legal requirement to use a solicitor during adoption, but it is highly recommended. A family law solicitor will be able to help you understand your rights and how the process works, complete paperwork correctly, and represent your interests in court. If you are thinking about adopting a child, we are here to help. Contact our family law team today for clear, compassionate advice tailored to your situation.

As leading family law solicitors in Milton Keynes, our team of specialists can advise and guide you from the moment we start working with you. We also have offices in Watford, Bicester and London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.