Thinking About Adopting a Child? Here’s the Legal Process Explained

Adopting a child is a wonderfully meaningful decision, but it also comes with important legal steps. At Hegarty, our experienced family law team is here to guide you through the adoption process with clarity, care and practical advice.

What Does Adoption Mean?

An Adoption Order permanently severs the legal relationship between the child and their birth parent(s) and grants full parental responsibility to the approved adopters.

Who Can Apply to Adopt?

You may apply to adopt if you meet the basic criteria:

• You must be aged 21 years or older
• You must have a permanent address in the UK, and ordinarily you should have lived in the UK for at least one year

You can include:

• A legal guardian of the child
• An unmarried couple in a stable, enduring relationship (note: this does not include relationships such as cousins or grandmother/niece)
• A step-parent/partner of the birth parent
• A relative wishing to adopt, provided the child has lived with you for at least three years (continuous or otherwise) - although this requirement can be waived in exceptional circumstances

Both biological parents must agree to the adoption unless; they cannot be found, they are not capable of providing consent, or the child is in danger if they are not adopted.

The Legal Adoption Process - Step by Step

1. Notify Your Local Authority

Begin by contacting the Children’s Services department of your local authority to express your intention to seek an Adoption Order. They will start the assessment process.

2. Assessment and Checks

The local authority will prepare a comprehensive assessment, looking at:

• The child’s current legal status and who holds parental responsibility
• The suitability of the child for adoption (including characteristics, any siblings, etc)
• Your suitability as adopters (through police checks, medical assessments, suitability to provide care and emotional support)
• Any involvement of the Children and Family Court Advisory and Support Service (CAFCASS) or other expert agencies

3. Court Hearings

There are usually two hearings in the court process:

• First hearing: often within four weeks of making the application - directions for the case are given
• Second hearing: considers the assessment reports and may lead to the Adoption Order being granted; sometimes additional hearings are needed

Throughout the process, the welfare of the child is paramount. The court must decide what is best for the child both now and in the future.

Why Use Hegarty for Adoption Legal Advice?

At Hegarty we specialise in private adoptions, which include either a new spouse or partner adopting their partner’s children; or a family member adopting a child already living with them.

We can assist you with the entire process: preparing applications, liaising with local authorities and court representation.

• Our team of family solicitors are skilled in adoption law and have supported many clients through the process
• We offer clear, approachable guidance, helping you understand what to expect at each stage
• We handle all documentation, liaising with the local authority and the court, allowing you to focus on the emotional side of adoption
• We provide a personalised service, helping you navigate any complexities and achieving the best possible outcome for your family

If you’re considering adoption and would like to discuss your options, we are here to help. Contact our team today and let our team support you in making your vision of a stable, loving family a reality.