Adoption Solicitors in London
Step-parent, agency, relative and overseas adoptions, handled by family law solicitors from first notice to final adoption order. Free consultation, in person or by video.
What Do Adoption Solicitors Do?
Adoption solicitors advise you on the court process that makes you a child’s legal parent, permanently. At Adam Bernard Solicitors, our family law team acts for step-parents, relatives, foster carers, special guardians, overseas adopters and birth parents. We handle every legal stage, from giving notice to the council through to the final adoption order.
Our offices are in High Holborn (Central London) and Upton Park (East London), and we also offer video consultations by Zoom, Teams, WhatsApp or Skype. Call 0207 100 2525 to speak to our adoption lawyers.
What Is an Adoption Order?
An adoption order is a court order that permanently transfers parental responsibility for a child to the adopter(s) and ends the legal relationship between the child and their birth parents. It is made by the Family Court under section 46 of the Adoption and Children Act 2002.
Once the order is made:
- the adopted child is treated in law as if born to the adopter(s) (section 67)
- birth parents lose parental responsibility, and any existing child arrangements or contact orders end
- the order cannot normally be reversed
- a child adopted by a UK court order becomes a British citizen if an adopter is a British citizen when the order is made (British Nationality Act 1981, section 1(5)). See our British citizenship by birth page for related nationality routes
Because adoption is permanent, the court will make an order only if it is satisfied that adoption is in the child’s best interests throughout their life.
Types of Adoption We Handle
Most adoptions in England and Wales follow one of five legal routes. The route you are on decides how long the child must live with you and how you apply.
| Adoption route | Who it applies to | Child must have lived with you | How to apply |
|---|---|---|---|
| Agency placement | Adopters approved by a council or voluntary adoption agency | At least 10 weeks | Online or Form A58 |
| Step-parent / partner adoption | The spouse, civil partner or partner of the child’s parent | At least 6 months, plus 3 months’ notice to the council | Form A58 (by post) |
| Foster carer adoption | Local authority foster parents | At least 1 year | Form A58 |
| Relative, special guardian or private adoption | Grandparents, aunts/uncles, special guardians, others | At least 3 of the last 5 years (or court permission) | Form A58 |
| Overseas adoption | Adopting a child who lives abroad | Depends on the country and whether UK re-adoption is needed | Through an adoption agency and the Department for Education |
Residence periods: section 42 of the Adoption and Children Act 2002. Application methods: GOV.UK: applying for an adoption court order.
Step-Parent Adoption Solicitors
To adopt a stepchild you must tell your local council at least 3 months before applying to court, and the child must have lived with you and your partner for at least 6 months. (GOV.UK: adopting a stepchild)
Notice can be given no more than 2 years before the application (section 44). A council social worker then prepares a report on you, your partner, the child and the other birth parent. In step-parent cases this report goes straight to the court; there is no adoption panel.
The step-parent route is the one we are asked about most, and it has a consequence many families don’t expect: the child’s other birth parent loses parental responsibility permanently, and so does that whole side of the family. If that parent objects, the case becomes contested and the court will look closely at whether adoption is really necessary.
In many step-families a less drastic order achieves what the family wants:
- Step-parent parental responsibility, by agreement or court order under section 4A of the Children Act 1989. You share parental responsibility without ending the other parent’s legal role.
- A child arrangements order confirming the child lives with you. See our child arrangement order solicitors.
- A special guardianship order, often a better fit for grandparents and relatives.
Our step-parent adoption solicitors will tell you honestly which order suits your family before you give notice to the council. If the question is really about the step-parent’s role in contact disputes, see our child contact solicitors page.
Who Can Adopt a Child in the UK?
You can adopt in England and Wales if you are 21 or over, and you can be single, married, in a civil partnership, or in an unmarried couple of any sex. There is no upper age limit, and you do not need to be a British citizen (GOV.UK: child adoption).
You (or one of you, if applying as a couple) must also either:
- be domiciled in the British Islands (UK, Channel Islands or Isle of Man), or
- have been habitually resident there for at least one year before applying (section 49)
If you are the partner of the child’s parent, the birth parent only needs to be 18 (section 50).
A police check forms part of every assessment. According to GOV.UK, a serious offence by you or any adult in your household can stop you adopting. Other convictions do not automatically rule you out, but they must be disclosed.
Who can be adopted? A child under 18 when the application is made, who is not and has never been married or in a civil partnership. The order must be made before their 19th birthday (section 47).
The Adoption Process: Step by Step
Agency adoption approval normally takes around 6 months, followed by matching, placement and the court application. (GOV.UK: early stages of adoption)
- Contact an adoption agency. This can be your local council or a voluntary adoption agency.
- Assessment. Preparation classes, several social worker visits, police checks, a full medical and three personal references (GOV.UK: adoption assessment).
- Adoption panel. The panel makes a recommendation and the agency makes the final decision. If you are turned down, you can challenge it with the agency or apply to the Independent Review Mechanism.
- Matching and placement. The child comes to live with you, either under a placement order or with the birth parents’ consent.
- Court application. After at least 10 weeks you apply for the adoption order online or on Form A58. The court fee is £212. The court may take up to 6 weeks to contact you about a hearing (GOV.UK).
- Adoption order and certificate. A full adoption certificate costs £11. You will need it for a passport.
Step-parent, relative and private adoptions skip stages 1, 3 and 4 and start with notice to the council instead.
Placement Orders and Birth Parent Consent
A placement order authorises a local authority to place a child with prospective adopters when the birth parents do not consent. It is usually made at the end of care proceedings, when a court finds the child cannot safely return home (section 21).
Birth parent consent rules:
- Parents with parental responsibility normally have to agree to the adoption (GOV.UK: birth parents, your rights).
- A mother’s consent is not valid if given less than 6 weeks after the birth (section 52(3)).
- The court can dispense with consent only if a parent cannot be found, lacks capacity, or the child’s welfare requires it (section 52(1)).
If you are a birth parent opposing an adoption, get legal advice as early as possible. There is a point after which the adoption can no longer be stopped, and the agency must tell you when it is. We represent birth parents and grandparents in contested placement and adoption hearings.
Adopting a Child from Overseas
To adopt from abroad, a UK adoption agency must first assess you as eligible and suitable, and the Department for Education charges a non-refundable £2,500 fee to process the application. (GOV.UK: adopting a child from overseas)
The UK currently restricts adoptions from Cambodia, Guatemala, Nepal, Haiti, Ethiopia and Nigeria. Exceptions, for example where you are adopting a family member, must be requested in writing with evidence.
Overseas adoption also involves immigration law. The child needs entry clearance, and some overseas adoptions are not recognised in the UK, which means the child must be re-adopted here. Our family and immigration teams work on these cases together. See entry clearance as a child, or for children born through an overseas surrogacy arrangement, international surrogacy.
Adoption Leave, Pay and Support
Employees who adopt can take up to 52 weeks’ adoption leave, and Statutory Adoption Pay is paid for up to 39 weeks. The first 6 weeks are paid at 90% of average weekly earnings, then £194.32 or 90% (whichever is lower) for the remaining 33 weeks (GOV.UK: adoption pay and leave).
After placement, the Adoption Support Fund can pay for therapy for the child and family. Your social worker applies for it on your behalf (GOV.UK).
How Much Do Adoption Solicitors Cost?
Our adoption fees start at £1,650 + VAT up to the first hearing, plus the £212 court fee. Contested cases, overseas adoptions and cases involving care proceedings are quoted individually after your free consultation. See our family law fees.
Parents and children in care and placement order proceedings are usually entitled to legal aid, whatever their income. We will tell you at the outset if that may apply to you.
Why Choose Our Adoption Solicitors
- We act on all sides. Adopters, step-parents, relatives, special guardians and birth parents.
- We check alternatives first. Before you give notice, we will tell you whether parental responsibility, a child arrangements order or special guardianship would serve your family better.
- We cover family and immigration law in-house, which matters for overseas adoptions and children’s British citizenship.
- Fixed starting fee of £1,650 + VAT, with a free initial consultation.
- Two London offices (High Holborn, WC1 and Upton Park, E6) plus video consultations by Zoom, Teams, WhatsApp or Skype.
- SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory.
Explore our wider family law services or book a free consultation with our adoption lawyers today on 0207 100 2525.
Adoption Solicitors: Frequently Asked Questions
How long does adoption take in the UK?
Agency approval normally takes around 6 months. After that come matching, at least 10 weeks of placement, and the court hearing. Step-parent adoptions take a minimum of 6 months’ cohabitation plus 3 months’ notice to the council, and often longer once the council’s report is done.
How much does it cost to adopt a child?
The court fee is £212, and a full adoption certificate costs £11. Overseas adoptions also carry a £2,500 Department for Education fee. Our legal fees start at £1,650 + VAT up to the first hearing.
Can a step-parent adopt without the other parent’s consent?
Only if the court dispenses with consent: because the parent cannot be found, lacks capacity, or the child’s welfare requires it. Courts treat ending a parent’s legal relationship as a serious step, so contested step-parent adoptions need strong evidence.
Do I need a solicitor to adopt a child?
It is not a legal requirement for an uncontested agency adoption. Legal advice is strongly recommended for step-parent, relative, private, overseas and contested adoptions, and for birth parents opposing an adoption.
Can a single person adopt in the UK?
Yes. Single people aged 21 or over can adopt, as can married couples, civil partners and unmarried couples of any sex.
Can birth parents stop an adoption?
Birth parents can oppose it, and the court will hear their reasons. The court can still make the order without consent if the child’s welfare requires it. Get advice as early as possible.
Does an adopted child become a British citizen?
A child adopted by a UK court order becomes a British citizen from the date of the order if at least one adopter is a British citizen at that time.
What is the difference between adoption and special guardianship?
Adoption permanently ends the birth parents’ legal relationship with the child. A special guardianship order gives a guardian day-to-day responsibility while the birth parents remain the child’s legal parents.
This page is for general information only and does not constitute legal advice.
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