Step-Parent and Private Adoptions – Specialist Legal Advice for Families 
Adopting a child is a life-changing decision, one that provides a child with a permanent, loving home. Our experienced private adoption lawyers offer clear, supportive legal advice throughout every step of the process – whether you’re adopting a step-child, relative, or family friend.
We guide you through the entire journey – from preparing your application to securing the order in the Family Court. Since our family solicitors specialize in private adoption, we don’t handle legal aid cases or local authority care proceedings. That means we can focus entirely on helping you navigate your adoption smoothly, efficiently, and with your child’s best interests at heart.
We also offer related services like child arrangement family mediation or updating your will to reflect your new family circumstances.
Call Us Now on FREEPHONE 0800 1404544 or One of Our Local Office Numbers – or Email Us Now for Your FREE Specialist 30 Minutes Family Law Advice.
Why choose Bonallack & Bishop for private adoption advice?
Private adoption law can be complex, and every case is different. Our family law solicitors have extensive experience guiding clients through step-parent, family, and other non-agency adoptions across England and Wales. We provide:
- Clear, practical advice in plain English.
- Guidance on whether adopting or getting another legal order best meets your needs.
- Support with preparing your application and all required local authority notifications.
- Experienced representation in Family Court.
- Fixed or transparent fees wherever possible.
We understand that adoption is about building families, not just following legal steps. Our focus is always on making the process as straightforward, compassionate, and child-centred as possible.
Private Adoption Lawyers – Frequently Asked Questions
What is private adoption in the UK?
This refers to any adoption outside of the local authority care system not arranged by a local authority or registered adoption agency. This typically covers step-parent adoptions, extended family adoptions or cases where a child is placed directly with someone known to the birth parents.
Even though the arrangement is private, the law requires strict procedures to safeguard the child. You must give your local authority at least three months’ written notice before applying to court, allowing time for background checks, home visits and a written report assessing the suitability of the adoption. The Family Court will then decide whether an adoption order is in the child’s best interests.
Unlike fostering, private adoption permanently transfers parental responsibility from the birth parents to the adoptive parent(s). Because adoption permanently changes the child’s legal parentage, it’s essential to seek specialist legal advice early on to understand your options — in some situations, a special guardianship order or child arrangements order may be more appropriate. Our experienced solicitors can help you choose the right route and ensure every legal requirement is met.
Click here to find out more about child arrangements orders
Do I need a solicitor for private adoption?
Yes. While adoption agencies may guide you, a solicitor ensures your application is prepared and presented correctly to the Family Court. Having a solicitor experienced in private adoption can help avoid delays, ensure all documents are accurate, and provide clear advice on your legal rights and responsibilities.
Who is eligible to adopt privately?
Anyone over the age of 21, whether single, married, in a civil partnership, or cohabiting, can make an application. You don’t need to own your own home, and having biological children of your own is not a requirement. What matters most is your ability to provide a stable and supportive family home.
However, you must have been living in the UK for at least one year before your application, will need to have a permanent and stable home in the UK , and you will also need to undertake a medical assessment to make sure that you are able to properly care for a child.
Being disabled or unemployed or on a very low income does not automatically disqualify you from being eligible.
You can apply as a single person, or as a married couple.
What checks are carried out during a private adoption?
As part of the local authority assessment, a social worker will visit your home and carry out background checks, including police records, medical history, and references. They will also talk to you about your reasons for adopting, your understanding of the child’s needs, and the support available to you.
These checks are not designed to catch you out but to make sure the adoption is safe, suitable, and in the child’s best interests. Your solicitor can help you prepare for this stage, including what information to gather and how to respond to any queries from social services.
What does the court consider when deciding a private adoption?
The Family Court will only make an order if it is satisfied that the adoption is in the child’s lifelong best interests. Judges look at factors such as the child’s emotional attachment to the prospective adopter, the stability of the home environment, the wishes of the birth parents (where appropriate), and whether being adopted will provide the child with greater security than other legal arrangements.
The court also considers the child’s age, relationship with the adopter, and whether the child understands what adoption means. In cases involving step-parents or relatives, the judge will carefully weigh up whether adoption is necessary, or whether a Special Guardianship Order (SGO) or Child Arrangements Order might provide sufficient protection without legally severing the birth parent relationship.
Your solicitor’s role is to make sure the court has all the evidence it needs to make an informed, child-focused decision.
What is the difference between adoption and special guardianship?
Many families are unsure whether to apply for an adoption order or a Special Guardianship Order. Both give you legal authority to care for a child, but they have very different long-term effects.
A Special Guardianship Order is a court order that gives one or more people parental responsibility for a child until they reach 18. It is often used where a child cannot live with their birth parents, but the court decides that full adoption – which permanently ends the parents’ legal status – would not be appropriate.
Under an SGO, the special guardian has day-to-day control over the child’s upbringing, including decisions about schooling, medical treatment, and where the child lives. However, the child’s birth parents keep their legal connection to the child and continue to hold parental responsibility, though it is limited. In practice, this means the special guardian’s decisions take priority, but certain major decisions (such as changing the child’s surname or taking them abroad for long periods) may still require the parents’ or the court’s consent.
By contrast, adoption permanently transfers all legal rights and responsibilities from the birth parents to the adoptive parent(s). The birth parents lose parental responsibility completely, and the child is issued with a new adoption certificate, replacing the original birth certificate. The child legally becomes part of the new family for life.
When might a Special Guardianship Order be preferable to adoption?
An SGO may be more suitable where:
- The child already has a strong bond with their birth family, and maintaining that link is considered important for their well being.
- The proposed carers are relatives (such as grandparents, aunts, or uncles) who want to provide a stable home without completely severing family ties.
- The parents accept they cannot provide day-to-day care but wish to remain part of the child’s life.
- Adoption would be emotionally or culturally inappropriate, for example in some kinship care situations.
In short, adoption creates a new legal family, while special guardianship preserves the child’s original family identity but gives the guardian long-term parental control. Our experienced family solicitors can advise you on which option offers the best balance of stability, security, and family continuity for your circumstances.
How does the process work?
The process usually begins with an application, followed by an assessment by the local authority, and then an application to Family Court for an adoption order. The application includes detailed information about the child, the adopters, and the circumstances of the placement. Once the application is submitted, the court will usually arrange one or more hearings.
At the first hearing, the judge will check that all the necessary reports and consents are in place and may ask for further information if needed. The final hearing is where the judge decides whether to grant the Order, based on what is in the child’s best interests. Once the order is made, the adopters become the child’s legal parents and receive an adoption certificate to replace the birth certificate.
Your family law solicitor will prepare the necessary paperwork and represent you in court. Once the order is granted, parental responsibility is permanently transferred to the adoptive parent(s).
How much notice do I need to give the local authority?
You must give your local authority at least three months’ written notice before applying to adopt privately. This requirement allows the local authority to carry out necessary checks, including police and medical background checks, and to prepare a report for the court.
Failing to give proper notice can cause delays or, in some cases, prevent the court from accepting your application. Our solicitors can draft and send the notification on your behalf to make sure everything is handled correctly from the start.
How long does a private adoption take?
The timeline varies, but most take several months, from the initial application to the Court order. Having an experienced solicitor and the right legal advice from the outset ensures that the legal process runs as efficiently as possible.
Do birth parents need to consent to private adoption?
In most cases, the court expects the birth parents’ written consent before granting an adoption order. However, consent can be dispensed with if the court believes that the parent cannot give consent freely or that doing so would not be in the child’s best interests — for example, where a parent cannot be located, has serious mental health difficulties, or has failed to play any meaningful role in the child’s life.
The process for dispensing with consent is strict and requires detailed evidence. Your solicitor will prepare the necessary application and explain what information the court will need.
What happens after an adoption order is made?
Once an order is granted, adoptive parents gain full parental responsibility, just as if the child had been born to them. The birth parents’ legal rights are permanently removed, making the child a legal member of their new family with the same rights as a biological child.
The child receives a new adoption certificate that replaces the original birth certificate. The order cannot usually be overturned, except in rare cases involving serious legal or procedural errors.
After the adoption, many families update their wills and parental responsibility documents to reflect their new circumstances. Our private adoption lawyers can assist with updating your will, ensuring guardianship arrangements are clear, and advising on any post-adoption contact arrangements with the birth family.
Can an adoption be reversed?
No, it’s permanent and legally binding. Once an adoption order is granted, it is extremely difficult to reverse and is only possible in rare and exceptional circumstances.
Can my child still have contact with their birth family afterwards?
In some cases, arrangements can be made for the adopted child to maintain contact with their birth relatives after the court order is made, if it is in the child’s best interest. This can be informal or written into a formal agreement approved by the court.
Can I adopt my partner’s child if we’re not married?
Yes, you can apply to adopt your partner’s child even if you are not married, but the process can be more complex than a standard step-parent adoption. In England and Wales, you must be living together in a stable, long-term relationship and be able to show the court that adoption is in the child’s best interests. Before applying, the local authority must be given at least three months’ notice, during which time a social worker will carry out checks and prepare a report for the court. Adoption permanently transfers all parental rights to you and ends the legal link between the child and their non-resident birth parent, so the court will want clear evidence that the arrangement provides greater security and emotional stability for the child. Our family law team can guide you through each stage — from preparing your statement and notifying the local authority to representing you in court — ensuring the process runs as smoothly as possible.
Can grandparents adopt their grandchild?
Yes, grandparents can adopt their grandchild, but it is a complex legal process that requires careful consideration and court approval. In England and Wales, this is known as a non-agency (private) adoption, as it does not involve the local authority placing the child for adoption. The court will only make an adoption order if it is clearly in the child’s best interests and there are strong reasons for changing the child’s legal parentage. In most cases, the court will explore whether alternatives such as a child arrangements order or a special guardianship order (SGO) might be more appropriate, as these options allow the grandparent to take on day-to-day care without permanently severing the child’s legal relationship with their birth parents. If you are considering adopting your grandchild, it is vital to obtain specialist legal advice at an early stage — both to understand your rights and to ensure the court application and local authority notification are handled correctly.
Can an Aunt or Uncle Adopt Their Niece or Nephew?
Yes, an aunt or uncle can, in some cases, adopt their niece or nephew in the UK, but this too falls under private or family adoptions and involves strict procedural safeguards.
Before applying to the court, the local authority must be notified at least three months in advance, and a social worker will prepare a report on the proposed adoption. The court will assess whether being adopted is the right solution for the child’s long-term welfare, taking into account the existing family relationships and whether other orders — such as a special guardianship order — might meet the child’s needs without changing legal parentage.
Being adopted within the extended family is rare but can be appropriate in situations where the child’s parents are unable to care for them and adoption provides greater security and stability. Our family law solicitors have extensive experience advising relatives through the private adoption process, ensuring every step complies with legal requirements and is focused on the child’s best interests.
Can I adopt a child from overseas privately?
Yes, but the process for intercountry or overseas adoptions is highly regulated and more complex than adopting at home in the UK. You must obtain approval from the local authority and the Home Office, and the adoption must comply with both UK law and the laws of the child’s home country.
If you are planning on adopting privately — for example, through relatives abroad — you must not bring the child to the UK without prior permission. Failing to follow the correct procedure could be a criminal offence under the Adoption (Intercountry Aspects) Act 1999. Our solicitors can advise on the legal steps and documentation required to ensure your overseas adoption is fully recognised in the UK.
How much do Private Adoption Lawyers charge?
The cost varies depending on the complexity of the case and the amount of legal work required. We offer transparent fee estimates from the outset so you know what to expect. Since legal aid isn’t available for adopting privately, you will need to fund the process yourself.
What support is available after adoption?
Many local authorities and adoption agencies offer post-adoption support, including counselling, training, and peer support groups. Your solicitor can advise you on your legal rights on any matters that may arise after a court order is made.
