Adopting a stepchild – what is involved?

It is estimated that one in three families in England and Wales is a ‘blended family’ – meaning that the family includes children from both partners’ previous relationships. For many, adopting a stepchild is a way to formalise the emotional bond with a child and provide legal security. But what does the process involve, and what should you expect?

What is stepchild adoption?

Stepchild adoption is a legal process that transfers parental responsibility from the child’s other birth parent to the step-parent. Once an adoption order is granted, you have the same rights and responsibilities as a biological parent. This includes decisions about education, healthcare, and upbringing. It also ends the legal rights of the other birth parent (except your spouse or partner).

The adoption process

To adopt a stepchild, you must submit the relevant application to the court. Before the court hearing, a social worker will carry out an assessment and prepare a detailed report about your family circumstances, your relationship with the child, and the views of the other birth parent. The court will use this report to decide if adoption is in the child’s best interests. Safeguarding checks are also part of the process. 

If the other birth parent has parental responsibility, their consent is usually required. If they refuse, the court will list a hearing to determine the application. At this point, it is likely that the court will appoint a Children’s Guardian to represent the child in the court proceedings to ensure that the child’s views and wishes are independently represented. The judge will have regard to the welfare checklist as set out in Adoption and Children Act 2002 when determining whether to grant the adoption order, and will consider if any alternative type of order (such as a child arrangements order) would be more appropriate. Every case is determined on its own individual circumstances. 

Changing your stepchild’s name

If the court grants the adoption order, you can request a new name for the child on the adoption certificate. Many families choose to change the child’s surname to reflect their new family unit.

How can we help?

Adopting a stepchild is a significant decision with long-term legal implications. Seeking advice from a specialist solicitor ensures you understand your rights, responsibilities, and the steps involved. Professional guidance can help you navigate challenges such as consent issues or contested hearings.

Our expert team of childcare solicitors in Leicester, including Partner, Della Phillips, have successfully represented step parents in both contested and non-contested cases. Contact our team by telephone on 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We also have offices across the East Midlands and Staffordshire with expert childcare solicitors, in Burton, Derby, Stoke-On-Trent and Swadlincote.