Private Adoption - Step-Parent and Cohabiting Couples

If you are a step-parent or a cohabiting couple you may have thought about making an application for an Adoption Order. A parent must apply jointly with you to adopt the child, both adults will then become the child’s adoptive parents.

An application for an Adoption Order may be applied for providing one of these two conditions are met:-

• One of the couple must be domiciled in a part of the British Islands; or
• Both of the couple have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application.

If you are not married to the child’s parent, you need to be able to show that you are living together as partners and you are in an enduring family relationship. You need to have been living as a family, with the child, for a minimum of six months for an Adoption Order to be made.

When thinking about adopting the child it can be an exciting time, however the process can be time consuming and complicated. Here at Emery Johnson Astills we have expert family solicitors who are here to support you and advise you through this exciting time. Our solicitors are sensitive to all circumstances and will guide you through the application process, which must be done before the child’s 18^th birthday.

Prior to any application being made for an Adoption Order you must give three months’ notice, in writing, to Children’s Services in the Local Authority that you and the child are living. A social worker will be allocated, and they will discuss the adoption process with you before preparing a report to assist the court.

The birth parents of the children will also be spoken to by the Local Authority about your application. If they are not in agreement with an Adoption Order being made then our expert family solicitors will be able to advise you in relation to that. Emery Johnson Astills are committed to finding the best solutions for you. Ultimately, if the matter remains contested a CAFCASS officer will be appointed to speak to the child about their views and notify the court of this.

An Adoption Order may be made without the birth parents consent if the Court decides it is in the child’s best interests. The Court’s main priority is the child’s welfare and as part of their consideration before making an Adoption Order they must also consider whether an alternative order is more suitable. The Court will consider whether a Parental Responsibility Agreement or a Child Arrangements Order may be more suitable in your particular circumstances. Our family team can advise you in relation to both of these types of orders and discuss with you the suitability of each.

If you are considering making an application for Private Adoption or are already involved in the process and you would like to speak to one of our specialist solicitors within the family department at Emery Johnson Astills, please do not hesitate to call us on 0116 255 4855.