Family Law - Adoption

Conditions to Adoption

The applicant must live in UK, Channel Islands or Isle of Man (it is enough if only one applicant lives in one of these places, but a foreign court of the other spouse might not recognise the adoption order.)

The applicant must be aged 21 or over if married, (but aged 18 if one of applicants is the father or mother of the child, but the other partner must be 21). If a sole applicant, must be 21 or over in all cases.

Sole Applicants

A sole applicant who is married can apply, but only if:

a) the other spouse cannot be found or;

they have separated and are living apart and the separation is likely to be permanent or;
the other spouse is incapable of making an application due to mental or physical health.

b) A mother or father can apply as a sole applicant only if the court is satisfied that:

the other natural parent is dead or;

cannot be found or;

there is no parent, as that child is governed by the Human Fertilization of Embryology Act (e.g. in vitro fertilisation. In this case the carrying mother is mother in law, but can apply under s.30 of the Act for "parental order" that child is to be treated as child of the parties to the marriage. But must apply within 6 months of birth of child and child must be living with the donors who must consent, no money must have changed hands) or;

there is some other reason to justify excluding the natural parent.

c) Step-parent or relative as applicant;
This is less common as the courts encourage the use of other orders, such as a Specific Issue Order to change the child's surname.