Is step-parent adoption right for my family?
With a change in the modern day family dynamic, devoted step-parents are recognised as an integral part of a child's life, providing love, support, and care every step of the way.
Introducing: step-parent adoption.
Step-parent adoption offers the opportunity for this nurturing relationship to be legally recognised, granting you the legal status of parent.
What is step-parent adoption?
Step-parent adoption is the legal process allowing a step-parent to become the official parent of their step-child. This formal adoption establishes a legal parental relationship between the step-parent and the step-child, granting the step-parent full parental rights and responsibilities, including making important decisions about the child's upbringing, education, healthcare, and more.
The role of legal parent will continue even if the step parent and birth parent subsequently separate.
What is the criteria for step-parent adoption?
Step-parent adoption is subject to certain eligibility criteria that ensures the wellbeing of the child and the legal requirements of the adoption process. This includes:
Age and Relationship: the step-parent must be at least 21 years old and be in a committed relationship with the child's biological parent
Living Arrangements: the step-parent must have been living with the child's biological parent for at least six months before applying for adoption
Consent: consent from both biological parents is typically required for the adoption, but consent of one birth parent can be dispensed with in some circumstances
Views of the Child: The views of the child will generally be sought, the older the child, the more weight is likely to be placed on their view
It is important to note that the criteria for step-parent adoption may vary in certain circumstances or if there are other complexities involved.
Do both biological parents need to consent?
Both biological parents typically need to consent to step-parent adoption. The consent of the parent with whom the child does not live is required to proceed with the adoption process.
However, if the parent with whom the child does not live refuses to give consent or cannot be located, the court may still grant the adoption if it is in the best interests of the child. This will be determined on the facts and will include a consideration of the relationship the child has, or could have, with that parent and with other people on that side of the family.
Are there any financial consequences associated with step-parent adoption?
There can be financial consequences associated with step-parent adoption. Following the adoption, the step-child will gain the same inheritance rights as a biological child on intestacy, which could include eligibility for inheritance.
Additionally, the step-parent will become financially responsible for the child and may need to pay child maintenance if the parents separate.
The specific financial consequences vary depending on individual circumstances and government policies, so it's advisable to seek professional advice to fully understand the financial matters of step-parent adoption.
How can Nash & Co support you with the step-parent adoption process?
Our experienced team of Family Law solicitors understand the significance of this legal process and are committed to providing tailored guidance to families seeking to solidify their bonds through adoption. Our experienced solicitors can assist step-parents throughout the entire process, from explaining the eligibility criteria and consent requirements to handling the necessary paperwork and court proceedings.
With our extensive knowledge and approach, Nash & Co is here to support you every step of the way, making the step-parent adoption process a seamless and joyous experience for your family.
To find out more about step-parent adoption from our specialist Family Team, please contact us via 01752 827030 or email us at enquiries@nash.co.uk.
