Adoption


With wide ranging experience and expertise in family law, our specialist adoption lawyers help ensure that the adoption process goes smoothly and support parents on their adoption journey.

Whilst adopting a child is a wonderful way to build or add to your family, there is a strict process that needs to be followed and legal issues that need to be dealt with. Specialist advice from experienced adoption lawyers is essential to navigating the process successfully and with the minimum of stress.

Adoption is a legal procedure that ends in an adoption order being made. An adoption order transfers all parental responsibility for the child from their birth parents to the adopters. Once it has been made, it is almost impossible to reverse. 

 

What you need to know

To adopt a child in the UK, an adoption order must be granted by the court to end the legal relationship between the child and their birth parents and to form a new one between the child and their adoptive parents. The child’s birth certificate is then replaced by an adoption certificate, legally naming the adoptive parents.

In some families, contact – anything from face-to-face meetings to sending an annual letter – between the child and their birth parents or birth family may continue. Whether this happens is decided on a case-by-case basis.

International adoption (also called “intercountry adoption”) can be a complicated process, both legally and procedurally. It is crucial to plan carefully and obtain legal advice, both here and in the child's country of origin, before pursuing an international adoption. Without proper advice, prospective adopters may end up committing a criminal or civil offence, despite acting with the best intentions.

The rules on eligibility to adopt, the procedure for approval and the process for obtaining a final adoption order differ significantly from country to country. For example, some countries have stricter rules than others about foreign nationals adopting children from their state. Detailed information and advice should always be obtained before embarking on any adoption journey so you can avoid unnecessary complications once you start.

Foreign adoption orders are not always automatically recognised in England and Wales, and vice versa. Depending on which countries are involved, it may be necessary to obtain an adoption order in both countries.

Get in touch

Our team of legal experts are here to support you.
Contact one of our lawyers today.

Our family lawyers

We help families and would-be-adopters throughout every stage of the adoption process. Below are some examples of situations we have helped our clients with:

  • Looking to adopt a child in the UK through either their local authority or a voluntary adoption agency
  • Looking to adopt stepchildren or close relatives 
  • Same-sex couples who are looking to adopt for the first time or grow their families
  • Used surrogacy to have a child but they have been unable to apply for a parental order
  • Investigating adopting a child from another country  
  • Obtained adoption orders from another country but need advice about having that order recognised in the UK
  • Advice on their ability to adopt in the UK
  • Advice on contact after adoption, whether they be a birth parent, members of the birth family or the adopted child

From the straightforward to the most complicated and contentious of disputes, you are in safe hands with our adoption experts.

Who do we work for?

We work with a huge range of clients from a variety of backgrounds, including:

  • Business owners, entrepreneurs and their partners
  • Farming families
  • High net worth and ultra-high net worth families
  • International families
  • Medical professionals
  • Professional and family trustees
  • People with a high profile in the entertainment industry
  • Senior management and other professionals
  • Sports people

Why choose adoption lawyers from Mills & Reeve?

  • We strive to offer an unrivalled client experience, keeping our values at the centre of our decision-making at all times.
  • We have a wealth of experience and expertise to provide you with practical advice relating to your case.
  • You'll find our offices in seven major cities across England, including London, Birmingham and Manchester.
  • We're recognised by prestigious legal bodies, including Legal 500 and Chambers and Partners.
  • Our family lawyers are members of Resolution, a national family justice organisation committed to finding non-confrontational methods of dealing with family law issues. Our work with them helps us to provide you with a conscientious, constructive, and cost-effective service. This defines our approach to everything we do.

We understand how important it is for you to realise the dream of having a child, which is why we want to help you get the legal proceedings right. By choosing fertility lawyers from Mills & Reeve, you'll be sure to experience a smooth and professional process and be taken care of by our expert team.

Resources

Mills & Reeve's Head of Children Law, Zoe Fleetwood, and Mark Benton (who is one of our immigration lawyers) is joined by Ruth Cabeza from Harcourt Chambers discussing issues surrounding adoption and immigration in this video recorded in April 2022.

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Navigating separation survey

Explore key findings from our YouGov survey on married individuals' views on family law issues and dispute resolution.

What our clients say about us?

“Mills & Reeve have expertise in every area of children law.”

Chambers 2024

“Zoe is widely acknowledged as the best of children lawyers in her generation”

Chambers 2024

“They have a very strong reputation and are well able to deal with complex cases.”

Chambers 2024

“What Colin doesn't know about international children law isn't worth knowing.”

Chambers 2024

“Zoe Fleetwood is a strong name in the children sphere and has a justified reputation as being a calm and effective advocate for her clients.”

Legal 500

“An excellent stand-out team who regularly deal with the most difficult of cases.”

Legal 500

Adoption FAQs

As a stepparent you can adopt your stepchild (subject to you being over 21 and having lived with your stepchild for six months or more), but there are also other options to give you legal rights and responsibilities without ending the child’s legal relationship with their birth parent.

For example, an adoption order would mean your child would no longer be entitled to any inheritance or maintenance payments from their birth parent and you would have full, permanent legal responsibility for them, even if you were to separate or divorce from your partner or spouse in the future.

By talking through your situation with a specialist lawyer, you will be able work out what's best for your family. 

Adoption in England and Wales is open to anyone over the age of 21 regardless of their relationship status. Single applicants as well as same-sex and heterosexual couples can all apply.

However, you must have a permanent address in England or Wales (even if you are not a British citizen) and you must not have any criminal convictions (although this only applies to certain offences).

For those who are looking to adopt through a local authority or an agency, there will be an assessment process.

If you are considering adopting a child from another country, the law is complex. The criteria for who can adopt varies from country to country and the UK has extremely strict rules. It is essential to seek specialist legal advice if you are considering this.

Private adoption, an arrangement between private individuals without the involvement of an adoption agency, is prohibited in the UK and can constitute a criminal offence.

However, there are a few exceptions to allow for adoption by a child's parent (and/or their partner), guardian or relative. Some people refer to this as a “kinship adoption”. The process for completing a kinship adoption can be just as complex so take legal advice before embarking upon it to avoid inadvertently breaking the law.

Once made, an adoption order cannot be undone except in an extremely limited set of circumstances. It is very unusual to see an adoption order being overturned or reversed.

Confirming that a child from overseas can come and live in the UK legally is vital. Do this at the outset and work with a specialist in immigration throughout the adoption process to make sure all the necessary permissions are obtained. Unfortunately, there have been some adopted children left stranded in their home countries because the immigration paperwork was not correctly done.

As part of the adoption process through a local authority or a voluntary agency, you will be asked to identify those people who will be named as guardians for your child in your will. It is common for adoptive parents to update their wills to provide for their new child at the same time.

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