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Adoption is a legal decision that permanently changes who has parental responsibility for a child. This page explains what happens when an adult wants to adopt their partner’s child. These applications are often called partner adoptions or step-parent adoptions. 

Partner adoptions are private law applications and are different from adoption orders made in public law proceedings. 

Adopting a partner’s child

If you live with your partner and their child, you may wish to apply for an adoption order to become the child’s legal parent. 

If a partner adoption order is made: 

  • you become the child’s legal parent alongside your partner 
  • you gain parental responsibility for the child 
  • the law no longer recognises the other birth parent as having a legal relationship with the child 

This is a permanent decision and cannot be reversed. 

Who can apply

To apply to adopt your partner’s child, you must usually: 

  • be married to, in a civil partnership with, or in a long-term relationship with the child’s parent 
  • have lived in the same household as the child for at least six months  

Consent from the other birth parent

If both birth parents have parental responsibility, they will usually be asked whether they agree to the adoption. Parental responsibility usually exists if: 

  • the parents were married at the time of the child’s birth 
  • both parents are named on the birth certificate 
  • parental responsibility was obtained later by agreement or court order

If the other birth parent does not have parental responsibility, the local authority may need to speak to them to ask whether they wish to obtain it. 

It is important to understand that adoption removes the legal relationship between the child and the other birth parent, and also affects the child’s legal relationship with that side of the family, such as grandparents, aunts and uncles. 

 

What is Cafcass’ role?

If everyone agrees to the adoption, a Cafcass worker called a Reporting Officer will usually be appointed. They will: 

  • speak to the adults involved 
  • make sure everyone understands what adoption means for them and the child 
  • confirm that consent is fully informed and has been freely given by everyone involved

The Reporting Officer will then witness the consent forms and provide a short report to the court. The applicant and their partner usually attend the adoption hearing. The birth parent giving up parental responsibility does not have to attend. 

If a birth parent lives outside the UK, the Cafcass officer cannot witness their consent but may be able to suggest who else can do this. 

What if a parent does not agree?

If a parent with parental responsibility does not agree to the adoption, a Cafcass Children’s Guardian may be appointed to help the court make a decision in the child’s best interests. 

The Children’s Guardian will: 

  • speak to the adults involved 
  • speak to the child, depending on their age and understanding 
  • report to the court on the child’s wishes and feelings, and what they believe is in the child’s best interests

The court will decide whether to make an adoption order based on what it believes is best for the child. In some situations, where a parent cannot be found despite reasonable attempts, the court may still make an order without their consent. 

Getting advice

Partner adoption can be complicated, especially if there is disagreement. Adoption is only one way a partner can obtain parental responsibility. 

It is important to seek legal advice as early as possible to understand all your options.