A brief guide to UK child adoption law

Deciding to adopt a child is a wonderful moment in anyone’s life, opening the door to many years of happiness as you welcome a new member to your family. Before you take that first step, however, there are a few things you should be aware of.

Our family law experts have put together a quick guide to help you navigate the key parts of UK child adoption law. We’ll cover who can adopt, who can be adopted, and the main steps involved, so you can have a solid starting point before going ahead. Let’s begin!

1. Adoption eligibility

Here’s an overview of who can adopt or be adopted, as well as other important factors to be aware of as you explore this path.

Who is allowed to adopt?

If you’re hoping to adopt in the UK, there are three key requirements you need to meet. You must:

• Be aged 21 or over (there’s no upper age limit).
• Be a resident in the UK (including the Channel Islands or Isle of Man) for at least a year (if applying as a couple, this applies to both partners).
• Have a permanent address in the UK.

Despite some common misconceptions, you can still adopt a child even if you:

• Have a disability
• Receive benefits
• Rent your home
• Are not a British citizen
• Have a criminal record (though certain offences may rule you out)

Your relationship status isn’t a barrier either. Singles, married couples, civil partners, unmarried partners, or the partner of a child’s biological parent can all be considered.

Keep in mind that every application is reviewed on a case-by-case basis. Your financial stability, ability to care for a child, and motivations for adoption will all be taken into account, with the main focus always being on the child’s wellbeing.

Can same-sex couples adopt?

Yes. After the Adoption and Children Act 2002 came into effect, same-sex couples in England and Wales gained the same adoption rights as opposite-sex couples. Scotland passed an equivalent act in 2007.

Who can be adopted?

Anyone under the age of 18 can be adopted in the UK, as long as they’ve never been married or in a civil partnership. There are no restrictions based on ethnicity, religion, or disability.

Can I adopt from overseas?

In general, you may be able to adopt a child from overseas if:

• The child’s home country cannot provide a safe environment for them.
• The adoption is determined to be in the child’s best interests.
• You have been approved as an eligible and suitable adoptive parent by a licensed UK adoption agency.

The adoption process for an international adoption is similar to a domestic UK adoption, and it will be facilitated by a UK adoption agency. These agencies may charge fees for their services.

Currently, adoptions are not permitted from Cambodia, Ethiopia, Guatemala, Haiti, Nepal, and Nigeria. The list of restricted countries may change over time, so it’s best to consult with a specialist for the most up-to-date information.

2. The adoption process

How do you start an application?

The first step is to contact an adoption agency. In England and Wales, these agencies are typically run by the local council authorities. In Scotland, the process is handled through the social work department. The process is a bit different if you’re in Northern Ireland, so it’s best to speak with a local adoption specialist for the specifics.

Do birth parents need to give consent for adoption?

In most cases, yes. Parental consent is usually formalised through a legal process with oversight from a court or government agency.

There are some exceptions, however:

• A court may override a birth parent’s refusal to consent if it can be shown that adoption is in the child’s best interests. This might be the case if a parent is deemed unfit or unable to care for the child.
• Adoption may still proceed if a birth parent cannot be located or is mentally incapable of giving consent.

What does the approval process involve?

Adopting a child in England is a multi-stage process that takes around six months. It’s similar in Wales, Scotland, and Northern Ireland, though there may be some variations. The process can also be different if you’re adopting a child you already know, like a stepchild.

Here are the typical steps involved:

• Firstly, a social worker from the adoption agency will get to know you. They’ll invite you to attend preparation training to make sure you’re fully prepared, and will visit your home to see if it can provide a stable and loving environment for a child.
• The agency will then run a police check, a full medical examination, and ask you for references from three people who know you well. Once everything checks out, the agency will make a recommendation to a special panel within the agency.
• If the panel approves your application, you’ll get to meet the child you’ll be adopting. You’ll gradually get to know each other, and eventually, the child will move in with you. A social worker will continue to support you throughout this transition, usually until an adoption order is made official.

What is an adoption order?

An adoption order is a legal document issued by a court that finalises the adoption process. It grants adoptive parents full parental rights and responsibilities for a child, and severs legal ties between the child and their birth parents (except in step-parent adoptions).

Adoption orders are permanent and cannot be reversed once finalised.

What if the adoption agency says I can’t adopt?

Getting your adoption application turned down can be heartbreaking, especially if you’ve had your heart set on growing your family this way. Here are a few things you can do to move forward:

• See if there’s anything you can address from the agency’s feedback. This might mean completing additional training or waiting for a certain life change.
• Consider reaching out to a different agency. Adoption agencies have different requirements, and you might find a better fit elsewhere.
• Explore other ways to build your family. Have you thought about fostering or becoming a mentor? These can be wonderful ways to make a difference in a child’s life.

Start your adoption journey with our experienced family law solicitors

Adoption laws can get complicated, so don’t worry about memorising every detail. Having a general understanding is all you need to get started. An experienced family lawyer can walk you through the rest of the journey.

At Sousa Law, our team of compassionate family solicitors are here to provide the legal expertise you need while making the process as stress-free as possible. We combine our in-depth knowledge with a warm, approachable manner and clear communication, making sure you have all the information you need to feel confident about your adoption journey. See how we’ve supported others by reading our testimonials!

Whether you’re ready to book an appointment online or prefer to call us on 02380 713060, we’re here to support you every step of the way.