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Children available for adoption in the UK come from a wide variety of backgrounds and, if you are considering adopting, you will need to consider what kind of child you would be able to care for. A child available for adoption might have been relinquished by their birth parents, or might have been taken into care and placed for adoption by a local authority. Looked-after children might have been in care for some time and/or might have special emotional or physical needs. T...
If you live in the UK and wish to adopt a child from outside the UK, you must follow the correct procedures or you will commit a criminal offence. The first step is to decide which country you wish to adopt from (an adoption agency authorised to deal with intercountry adoption can guide you as to the options and where children are currently available to adopt). To understand the procedures you need to follow, you then need to know whether that country is: A Hague Convention country: thi...
You can apply to adopt your partner's legal children, for example if your partner already has children, or if you have conceived a child together but the law does not recognise you as a legal parent. You and your partner do not need to be married or in a civil partnership, but you must be living as partners in an enduring family relationship. Adoption will give you a lifelong connection with your child, including: Parental responsibility - you will share decision-making about you...
Parental responsibility gives you the right to make and be involved in decisions about your child's care, including decisions as to medical treatment, education and religion. Although a child can only have two legal parents, there is no limit to how many people can share parental responsibility. Legal parents If you are your child's legal father (or a lesbian non-birth mother who is a legal parent at the time your child is conceived), you acquire parental responsibility by: Marry...
Many lesbian non-birth mothers are now treated as joint legal parents immediately from birth (see parenthood for lesbian non-birth mothers). However, if you have children conceived before 6 April 2009, or otherwise fall outside the rules, the non-birth mother will only have parental status if you take steps to secure her position. Step-parent adoption The most complete solution is to apply for step-parent/partner adoption. This gives the non-birth mother full and permanent legal sta...
If you have conceived through a co-parenting arrangement, you may want more than two people to have parental rights for your child. Legal parenthood Under UK law, a child can have a maximum of two legal parents. The law dictates who the legal parents are; this is not open to agreement between the parties. Find out more about how the law applies to co-parenting situtions. Adoption orders alter legal parenthood, but they are rarely used in co-parenting cases because they move rather...
It is possible in some cases to apply for adoption of a child based in the UK even if you are living abroad. Domestic UK adoption One option is to apply for a domestic UK adoption order. This is legally possible if you have a domicile in England and Wales (for example if you are British and living overseas on a temporary work placement or a military posting). Domicile is an often misunderstood UK legal concept. It relates, not to where you are living or your citizenship status, but to a m...
A guardian is someone appointed to care for a child after his or her parents have died. Guardians nominated by will A guardian can be nominated by a child's parents (and certain other people with parental responsibility). The appointment comes into effect if all the child's parents (with parental responsibility) die. The nominated guardians then acquire parental responsibility automatically and do not need to make a court application to be permitted to care for the child. ...
Natalie's article discusses the legal limbo period after a child is born through surrogacy and the need to apply for a parental order to rectify this
This is the form you use to apply to court for a child arrangements order. This might be used in disputed situations or as a means of acquiring parental responsibility where everyone agrees.
Form A58 is the court form you need to apply for adoption in the UK, whether a step-parent/partner adoption or an unrelated adoption. You can find the application form and accompanying notes here.
The UK government's guidance on British nationality in intercountry adoption cases, published March 2014
This form gives parental responsibility to the spouse or civil partner of a legal parent with parental responsibility.
These forms gives parental responsibility to an unmarried father where he has not been registered on the birth certificate. Please note that this form can only be used to give parental responsibility to someone who is a legal parent.
This form gives parental responsibility to an unmarried/non-civilly partnered female second parent, where she has not been registered on the birth certificate. Please note that this form can only be used to give parental responsibility to someone who is a legal parent.
Natalie wrote the legal sections of Stonewall's well-known guide for lesbian couples considering starting a family together. It contains useful information on all the things to consider if you are thinking of starting a family.
Gay rights charity Stonewall has produced a guide for gay dads starting a family. We were proud to help write the sections on surrogacy and co-parenting.
This is the law which governs applications to the court concerning arrangements for children (see section 8-10), and applications for financial provision (Schedule 1).
The Adoption and Child Act 2002 sets out the law, eligibility criteria and process for applying for adoption in the UK.
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