Non Agency Adoption

What are the reasons for considering non agency adoption?

Non agency adoption, previously know as step parent or family adoption, is when you become the legal parent and take parental responsibility for a child you know. There are many reasons why you may be considering adopting a child living to you. Some of the most common reasons are 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.

Some other reasons why you are considering adopting a child or children living with you could include:

Name change (although this can also be done by deed poll)
Inheritance
Consent to medical treatment
Security of family unit
Recognition of legal role in your partners child’s life
Child’s sense of belonging
Considering changing legal ties with the non resident birth parent and their family
Parental responsibility

Important things to consider before deciding if non agency adoption is right for you and your family:

The children’s wishes and feelings
The other non resident birth parent’s wishes and feelings
The implications of ending the legal relationship between the child and the non resident birth parent, as well as their wider family such as grandparents – this could have an impact on the child’s identity
What do you want to achieve? To become the child’s legal parent forever, or to share parental responsibility with the child’s birth parents, while the child is growing up in a loving family.

What will happen as a result of the adoption?

When you adopt a partner’s child it ends the legal relationship between that child and the non resident birth parent, and their wider family network such as grandparents and other relatives. The child loses all maintenance and inheritance rights with the birth family, and acquires rights to your estate along with your own children. You become the legal parent of the child forever and have parental responsibility, meaning that if and your partner separate you legally remain the child’s parent. The child’s surname can be changed unless the court prevents this.

What are the rights of the non resident birth parent?

The non-resident birth parent is often unwilling to give up their parental responsibility, and legal relationship with their child. The importance of a child retaining a close relationship with both birth parents is well recognised by both the courts and child development experts. It’s not always possible for the applicant to adopt their step child, if the non resident birth parent still plays and active role in the child’s life. The non resident birth parent will always be contacted as part of the assessment, and will need to give their consent to the plan for adoption. This will take precedence over considerations such as whether the birth parents were married or not. This is another reason why non agency adoption will only be suitable in a limited number of circumstances.

Giving consent

The consent of both the resident and the non resident birth parent is of the utmost importance. If the non resident birth parent refuses to allow the adoption, under Section 47 of the Adoption and Children Act 2002 an adoption order cannot be made unless the court determines that consent is not required. In making this decision the court will consider important factors such as:

the extent to which the non-consenting birth parent has participated in the child’s life, financially, practically and emotionally
the extent to which she or he would be likely to do so in the future
the views of the child
the welfare of the child requires this action.

Who can apply for a non agency adoption?

You can apply to the court for a non-agency adoption only if ALL of the following criteria are met:

The applicant must be 21 years old or over
you have been living as a family for at least six months before applying for an adoption order
The applicant is married to the resident birth parent, or the applicant is in a enduring relationship for at least two years
The applicant is caring for a child whose birth parents are absent, deceased or missing
The applicant resides in the British Isles or has been habitually resident there for at least a year
The applicant has been continually living with the child for at least six months for step- parents; one year if a foster carer, and three years within the last five if a relative or family friend. If in doubt, the applicant should seek legal advice
The applicant has notified the local authority in writing of their intention to apply to court for an adoption order at least 3 months before submitting an application to court; (your social worker will notify you when it is the appropriate time to submit your application to the court)
The child is not yet 18 (although the court can make an order up to the day before the person’s 19th birthday). As along as the application is made 3 months before the child is 18 years old.
Following an assessment you satisfy the court and social worker who will make a report on your suitability to adopt.

Is there an alternative to adoption?

Non agency adoption is not always the most appropriate choice for a family. There are alternatives which may more appropriately secure a child’s place in your family.

Parental Responsibility Agreement

A step-parent married to a birth parent may obtain parental responsibility if all those with parental responsibility give consent to the agreement. For more information about parental responsibility agreements visit the Parental rights and responsibilities on the GOV.UK website.

For example: a step-parent who is married to the resident birth parent can gain Parental Responsibility (PR) by entering into a Parental Responsibility Agreement with all those who hold parental responsibility or by applying to the court for a Parental Responsibility Order, or Child Arrangement Order.

Parental Responsibility Order

This is a court order that specifies that a named person has parental responsibility for a child. Parental responsibility is then shared between the holder and any birth parent who already has parental responsibility (or anyone who has also acquired parental responsibility by way of a court order).

For example: Jack is five years old and lives with his mum and her new husband. Jack is starting school in the spring, and his mum and step-dad would like everyone to have the same name when he starts school so they feel more like a family – but also, more practically so his step-dad can agree any medical treatment Jack might need if he hurts himself in the playground. Jack does see his birth father from time to time and always gets a present for his birthday and Christmas. A Parental Responsibility Order gives Jack’s step-dad the authority he needs to sign forms for school. Jack’s surname can be changed by deed poll, if all those with parental responsibility agree to the change of name.

Child Arrangement Order

This is a court order that specifies the name of the person or persons with whom a child is to live. The named person automatically acquires parental responsibility for the child and this is shared with anyone else who has parental responsibility for the child (usually birth parents). The order lasts until the child reaches the age of 16 (for contact agreed time) or 18 (for who the child lives with).

Not making an order at all

If a family can not agree, or a court considers an order or agreement not to be in the best interests of the child, they will not make an order.

Non Agency Adoption FAQs

Will the other parent have to be involved? +

The court will require a report to be completed and, wherever possible, will find out the views of both birth parents, including what role they might intend to play in the child’s life. This can also include extended family members who have or would like to have a relationship with the child.

Your current relationship with the non-resident parent, and the amount of contact they have with the child will not remove the need to find out their views and report them back to the court.

Do I have to get the absent parent’s agreement to the adoption? +

If the absent parent is the mother, you will need her agreement. A court can dispense with the need for her agreement, but there must be very good reasons for it to do so.

If the absent parent is the father and married to the child’s mother, you will need their agreement. A court can dispense with the need for his agreement but there will have to be very good reasons for them to do so.

If the absent parent is the father and he was not married to the mother but has parental responsibility, you will need his agreement. A court can dispense with his agreement but there will have to be very good reasons for it to do so.

If a parent does not have parental responsibility, the court is not required to have their consent before making an adoption order. However, if this parent has a close connection with their child, it is likely the court will want to find out their views, as well as the child’s.

Do anonymous donors have any legal status? +

If you use an anonymous donor at a fertility clinic, the anonymous donor will not have legal status in relation to your child and will not be involved in their life. However, children born by anonymous donor after April 2005 will have the right to receive information about their donor when they reach 18 years old. For more detailed information, we recommend you follow the advice provided by GOV.UK

Do I have to be married to my partner to adopt their child? +

No. You do not have to be married to adopt the children of your partner. We will be unlikely to consider relationships that have lasted for less than two years. Equally, if you are in the process of divorcing the absent parent, then this should be completed prior to considering adoption.

How long will it take to adopt a stepchild? +

Your first step must be to notify the local authority of your intention to apply for an adoption order. This notice is valid for 2 years, during which time you must either lodge your application in court or notify in writing to the local authority that you wish to withdraw your original notification of intent. Please note that the notice of intention to apply for an adoption order will not be accepted if you are not eligible to apply.

The local authority, education, police and Department of Health checks can take up to 3 months to complete. You must wait until these have been done before lodging your application to the court. The court asks the local authority for its report when it receives your application. This report will not normally be started until all the checks are complete. It takes up to 3 months, or longer if the case is complex, for checks to be completed.

There can sometimes be a wait of several months until a social worker has space to take your case on. When the court receives the local authority report, it then appoints its own social worker. It is their role to verify and witness consent to adoption in straightforward cases, or to make more extensive enquiries in more complex cases. There can sometimes be a wait before this social worker has space to take on your case. The court may have a busy schedule of cases and may be unable to list your case for a hearing for a number of weeks. You should therefore anticipate a timescale of around 6 months to a year, or longer in certain more complex circumstances.

What will you ask me? +

We are obliged to make enquiries about your health, the child’s health, welfare and education and about any criminal offences committed by you, your spouse and any other member of the household over the age of 18. It is important to remember that for the purpose of these enquiries, there is no such thing as a “spent” offence.

You should also be aware that we will know about cautions as well as convictions, and that certain offences will prevent you from adopting. We must tell the court about the offences and comment on the circumstances. This will mean interviewing the offender. We try to do this discreetly, you should, however, be aware that if you have not told your partner/ spouse about offences committed before you met, there is a risk that they could find out as a result of your adoption application.

Transparency is important for the assessment and the court process. We will need to see you together, separately, and with the child to tell the court about your background, your relationship and your care of the child. Neither of you is entitled to see the report that is presented to the court.

Who else is involved? +

We will need to interview the absent parent to ascertain their views on the proposed adoption. We will also need to interview anyone else who holds parental responsibility, as they will be required to give consent to the adoption. If you were not married to the child’s father or mother, their consent to the adoption is not required; however, the court will expect us to comment on their views.

What documents do I need? +

The social worker will need to see your marriage certificate and divorce certificate, where appropriate, and the birth certificate of each child who is the subject of the adoption application.

You will later need to attach these documents to the adoption application form, which you will obtain from the court clerk, and which they will provide help completing.

For the police checks, the social worker will need to see proof of identity and verification of address, such as a passport or photo driving license, birth certificate, P45 or P60, bank statement, mortgage statement or benefit statement, council tax bill, utility bill, tax office letter or credit card statement.

Next steps

Should you wish to consider non agency adoption you will need to formally write to your local regional adoption agency, to request an enquiry form, and provide the full family details, including names, DOB, relationships, address and contact details.

Please also include details of how long you have lived together as a family and the views of all parties on the proposed adoption: including the non resident birth parent and any significant relatives (for example paternal grandparents).

Please understand that we prioritise our work in finding families for children who need to be placed in a loving adoptive family. We currently have a waiting list for non agency adoption applications of approximately six months, these are dealt with in chronological order.

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