Step-parent Adoption - is it the right choice for your family?

Transcription

1 Adoption Step-parent Adoption - is it the right choice for your family?

2 What is step-parent adoption? Introduction A step- parent can apply for an adoption order for a child they live with and wish to adopt if they meet the criteria for this. An adoption order is permanent and cannot be revoked. A new birth certificate is issued and all legal ties with the non-resident birth parent are severed. Decisions like this can be difficult for all those involved, particularly the child who may feel cut off from a part of their birth history or feel that they are losing connection with an important part of their former life. Common reasons for considering step-parent adoption Adopting a step-child is commonly considered as a way of showing commitment to a family unit and a relationship, and for a non-birth parent to feel more involved in supporting a child, and being able to make important decisions in their life. Some other reasons could include: Name Change Inheritance Consent to Medical Treatment Security of Family Unit Recognition of step parent role in child s life Child s sense of belonging Severing ties with a birth family Parental Responsibility What is in the best interests of the child? The Children Act recognises that in most cases it is in a child s best interest for families to come to informal arrangements without resorting to a court order. Usually, family courts wish to encourage children to maintain links with their birth relatives, wherever possible. This is important for a child s sense of identity as they are growing up. In most cases, a permanent legal decision may not be in the best interests of the child. There is no automatic right to adopt and it is not appropriate for many children who live in stepfamilies to be adopted by a step-parent. There are other alternatives that may be more appropriate to your family circumstances. Alternatives to step-parent adoption There are alternatives to step-parent adoption which may more appropriately secure a child s place in your family. For example, a step-parent who is married to the resident parent can gain Parental Responsibility (PR) by entering into a formal agreement with all those who hold Parental Responsibility or by applying to the court for a Parental Responsibility Order or a Residence 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. 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. Residence Order - This is a court order that specifies the name of the person or persons with whom a child is to live. The named persons automatically acquire 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 or 18.

3 Not making an Order at all - If a family cannot 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. You can find out more about each of these options online or by reading the Hampshire Publication - Parental Responsibility. There is also a further option - and that is to change a child s name by deed poll. If you wish to change your child s surname, this can be done via deed poll if all those with parental responsibility for the child are in agreement. You can find out more about this through Is step-parent adoption right for your family? Here are some examples of situations and the best decision or outcome for the family involved. If these sound like your situation, it might be that the answer is also the route you should consider. Family situation - 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. Best interests of the child - A Parental Responsibility Order gives Jack s step-dad the authority he needs to sign forms for school. Jack has a new surname now too - his name was changed by Deed Poll. Family situation - Ella is nine years old and lives with her mother and her new partner. Ella hasn t seen her father for two years and, having thought about this, has decided she d like her mum s new partner to adopt her. During the process of discussing the adoption, a social worker contacted Ella s birth father for his views. He was really missing Ella. Best interests of the child - The social worker facilitated Ella and her dad to start spending time together again, and the adoption has not progressed. Family situation - Ben is a teenager now. His mum and birth father separated before he was born. Since the age of 2, Ben has always known his step-father to be daddy, and has never met his birth father. He raised the idea of being adopted with his mum and stepdad on his 13th birthday. Best interests of the child - Ben is old enough to express his feelings and views, and understands the life-long nature of the adoption relationship. Ben has been formally adopted by his step-dad. If none of these examples sound like your situation, please talk to us for advice on your personal circumstances and our recommendations on the best way forward for your family

4 The role of Hampshire County Council in step-parent adoption decisions All Step-parent Adoption Orders involve an assessment by a local authority social worker before the Court will consider the evidence and make a decision. The process is also governed by Adoption Services Regulations and National Minimum Standards. Before Hampshire County Council will consider assessment requests for a Step-parent Adoption Order, you may like to consider these minimum criteria:. Applicants must be over the age of 21 and the applicant must be married to, or living with, the resident birth parent in an enduring family relationship - in Hampshire, we take this to be relationships of at least three years. Applicants must live in the British Isles or have been habitually resident for at least a year. Applicants must have lived with the child for the same length of time that they have lived with the resident birth parent, that is, a minimum of three years. The child should not yet be 18 years old, although the court can make an Adoption Order up to the child s 19th birthday. In Hampshire, we will only consider applicants where the child is over the age of 7 years, unless there are exceptional or extenuating circumstances. This is because a child must be able to understand their birth history. The child must be able to understand the implication of their adoption and what it means, and understand their birth history. The Assessment Process If you do decide to apply for a Step-parent Adoption Order and you live in Hampshire, Hampshire County Council s Adoption Service will need to investigate the full circumstances of the family and prepare a report to the court of their findings. This enables the courts to make their decision, based on the best interests of the child. To make this decision, the courts require a detailed report about each person within the family, and how individuals relate to one another. The report is undertaken as an assessment by a qualified and experienced social worker. The assessment process will look at areas including: Your child s birth history If you have not yet told your child about their birth history, we can offer some ideas to help you. It is important that your child has a record of their early life, including photographs, documents, mementoes and details of significant people in their life. You might like to keep a special book, box or folder for this. Relationships The court will require evidence regarding your family relationship, looking in particular at stability and permanence in relationships. This information is required whether you are married, in a civil partnership or are living together as partners in an enduring relationship. In Hampshire, we consider an enduring relationship to be longer than three years. The child must have had their home at all times with the applicant for at least three years before you can apply for a step-parent adoption assessment.

5 Interviewing birth parents We have a legal duty to interview both birth parents, and anyone else who may have parental responsibility for the child, and find out how they feel about the adoption application. You will need to clarify whether they are in agreement with your application as the court will require written consent of all persons with parental responsibility for the child. If you don t have the agreement of everyone who has parental responsibility, you may wish to obtain legal advice from a solicitor experienced in adoption matters. If the absent birth parent does not want the adoption to go ahead, the court will do what is in the best interests of the child and may (or may not) ignore the absent parent s consent. Even if the absent birth parent does not have parental responsibility they will need to be contacted as they have rights being a birth parent of a child. Information about their life, family, health, education and employment are all important to record as well as their wishes and feelings about the proposed adoption. If the parent has not maintained contact with the family, the court will want to know that all possible efforts have been made to find the absent parent. If the birth parent is deceased the court will require a copy of the death certificate, and the social worker may want to interview extended members of the deceased s birth parents family to find out how they feel. Interviewing extended family The social worker will also need to see the child s brothers and sisters and may wish to see other members of the family. You will need to think about important people in the child s life, for example: aunts, uncles and grandparents who might be affected if an Adoption Order is made. Checks and References You will be asked to supply the names and addresses of three referees, people who know you well personally and/or professionally, who are happy to talk to a social worker if they are asked. A number of other checks and references will be obtained alongside the assessment. Hampshire County Council has a duty to carry out checks as to the applicant s suitability and will make contact with various agencies including police, health and education. The child s school and personal referees will also be contacted. There may be a charge passed on to you for any medical report requested. Contact arrangements The social worker will ask you about any contact arrangements you have for the child and different members of your family, the other birth parents family, extended family and people who have a significant relationship with the child. If you have challenges or issues around contact, you may find it helpful to talk to your social worker about these. They could be able to help. Nationality and Immigration Issues If the applicant or the resident birth parent is British, an adoption order will have the effect of conferring British citizenship on the child if they are not already a British citizen. In cases where there may be issues around immigration status or nationality, the Secretary of State will be informed, in case the Home Office wish to become a party to the proceedings.

6 The written report The written report that the social worker completes will therefore include information about the child who is the subject of the application, the child s family, what the child and other members of the family want to happen - their wishes and feelings. It will also contain information about the prospective adoptive parent including information obtained from checks and references. The report will include information about the local authority compiling the report, and recommendations that consider the implications of making an Adoption Order, the merits of adoption against other potential Orders that could be made, and will state a recommendation regarding Adoption and contact arrangements for the child. Once completed, the report is submitted to the court. Documentation you will need for your Application Child s birth certificate (full version) Marriage certificate in respect of the applicant and resident birth parent (if applicable) Documents relating to previous marriages (if applicable) Change of name by deed poll (if applicable) Documents relating to immigration status (if applicable) Timescales You need to notify Hampshire County Council s Adoption team at least three months before you plan to apply for an order, but step-parent adoption is a big decision and should not be hurried. Due to demands on the service you will sometimes need to wait for an assessing social worker who has the right qualifications and experience to become available to undertake your assessment. You will also need to consider court timescales. It can take some time for a hearing date to be set, and your case may need more than one hearing. The Court Process Once the court receives the application to adopt a step-child, they will start the official process by writing to everyone who currently has parental responsibility for the child for their written agreement to the adoption. Once written permission is received, the court will set a hearing date for the case. In cases which are complicated, it is likely that more than one hearing will be needed. The court will consider the adoption application and will make the final decision about an Adoption Order or any other Order. It will make the decision which the court believes is in the best interests of the child. Talk to Hampshire County Council (or the local authority in the area where you live) and register an interest in step-parent adoption Hampshire talks to you about whether adoption is the most appropriate route for your family. If it is, Hampshire will investigate your suitability to become the child s adoptive parent. You will give Hampshire at least three months written notice of your intention to apply to the Court. You make an application to the court (this costs 160 per application), although the fee may be waived in some circumstances. Hampshire submits a report to the court on your suitability and whether the adoption is appropriate. The court considers your application and Hampshire s report. Then the Court issues a decision.

7 Adoption Order If an Adoption Order is made, the child will be issued with a new birth certificate stating the name of the resident parent and the adoptive parent as being the parents of the child. The child can apply for a copy of their original birth certificate when s/he reaches 18 years of age, and can apply to access their adoption records through the Adoption Support Services in the local authority where they live. Enquire or Apply today If you would like more information about step-parent adoption or have questions about the process and your personal circumstances, call and ask to speak to the Adoption Duty Worker. If you would like to take the next steps towards adopting a step child, you will need to complete an enquiry form. You can do this online, via and navigate to the stepparent adoption pages and complete an e-form on the right hand side of the page. Alternatively, you can call and they will take the details from you over the phone. Feedback Do you feel that this publication has answered all of your questions? If you have feedback about this publication, you can childrens.services@hants.gov.uk or write to: Hampshire Adoption Service, Glen House, Glen Road, Swanwick SO31 7HD Useful Books & Websites about step-parent adoption Step children and adoption - BAAF Contains useful information for birth parents and step parents on step families, the advantages or not of adoption, the alternatives to adoption and obtaining further advice. Joining Together Jo s Story - Sheila Byrne (BAAF, 1999). Part of the My Story series, this one about a step parent adoption. Step-families: Living successfully with other people s children - Suzie Hayman (Vermillion) Offers practical and positive strategies for coping with the emotional issues likely to concern a new combination of parents and children as well as coping with the ongoing presence of the ex. The Relate Guide to Second Families - Suzie Hayman (Vermillion) Adopting a child - Jennifer Lord (BAAF) Law Society search for solicitors who specialise in child care law. British Association of Adoption and Fostering - Adoption Information Line - Family Onwards special sections on step families, divorce and second weddings.

8 Adoption Step-parent Adoption - is it the right choice for your family? This information is available in other formats on request. Produced by Hampshire County Council s Children s Services Department (Adoption) Hampshire County Council, November 2011 Design by John Woodhead Printed by Hampshire Printing Service on recycled paper.