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Non-agency adoption

Not all adoptions start with brand new introductions – sometimes, there is no outside agency involved, and family or friends step in. When a child is adopted by someone they already know, this is now referred to as non-agency adoption.

Non-agency adoption

What is non-agency adoption?

Non-agency adoption is the name given to adoptions where there is no social services involvement. It usually involves adopting a child who is already known to you, such as a relative or stepchild. It’s more commonly called step-parent adoption.

Whilst this type of adoption does not involve an agency or local authority placing a child, non-agency adoption must still go through the court system, and an adoption order is required. There are still legal requirements that must be met, such as the length of time that the child must have lived with the applicant and suitability assessments, and the local authority needs to be notified of your intention to adopt.

Why choose non-agency adoption?

There are many reasons why you may be considering non-agency adoption. Perhaps you are a step-parent and wish to show commitment to the family unit and relationship, or to feel more involved in supporting a child and being able to make important decisions in their life.

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  • Name change (although this can be done by deed poll)
  • Inheritance
  • Consent to medical treatment
  • Security of the family unit
  • To support a child’s sense of belonging
  • Severing ties with a birth family
  • Parental responsibility

We’re here to support

To begin, you’ll need to write to your regional adoption agency with full family details — including names, dates of birth, relationships, address, contact details, how long you’ve lived together, and everyone’s views on the proposed adoption.

At Adopt London, we’ve taken on the work of 23 local authorities. As a result, we prioritise finding families for children who urgently need adoptive homes. This means there is a waiting list for step-parent adoptions and non-agency adoptions, which is currently a minimum of six months. We appreciate your patience and understanding.

Non-agency adoption FAQs

What happens legally within a non-agency adoption? +

A non-agency adoption legally ends the relationship between the child and their birth parent/s, along with their extended family, such as grandparents. The child’s surname can be changed (unless the court says otherwise), and the adoptive parent becomes the child’s legal parent for life. The child loses maintenance and inheritance rights from that birth family, but gains rights to their new adoptive parents’ estate.

Does the other birth parent have to give consent to step-parent adoption? +

Yes, in most cases, the other birth parent has to give consent to step-parent adoption. Without it, an adoption order can only be made if the court decides that their consent is not necessary. This decision is based on how involved they’ve been in the child’s life emotionally, practically and financially, whether they’re likely to stay involved, wish to stay involved,  and the child’s own views.

Who can apply for non-agency adoption? +

You can apply for non-agency adoption if:

  • You are aged 21 or older
  • You’ve been living as a family with the child for at least six months
  • A social worker and the court agree that adoption is in the child’s best interests.
Can a child’s surname be changed? +

Yes, the child’s surname can be changed, unless the court decides otherwise.

What should we consider before progressing with a non-agency adoption? +

There’s a lot to consider before progressing with a non-agency adoption, including the child’s wishes and feelings, the views of the other birth parent/s and the emotional impact of ending the child’s legal relationship with one birth parent and their wider birth family. You should also consider whether your goal is full legal parenthood, or simply to share parental responsibility as a step-family.

Are there alternatives to non-agency adoption? +

Yes, there are alternatives to non-agency adoption. These include:

  • Parental Responsibility Agreement – if you’re married to the child’s birth parent and everyone with parental responsibility agrees, you can share that responsibility without adoption.
  • Parental Responsibility Order – you can apply to the court for shared parental responsibility, especially useful for practical things like school or medical decisions.
  • Child Arrangement Order – this court order names you as someone the child lives with and gives you shared parental responsibility until the child turns 16 or 18.
  • No order – in some cases, the court may decide not to make any order if it’s not in the child’s best interest.

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