Adoption by Relatives: Eligibility and Court Rules

In England and Wales, children who cannot remain with their birth families may be permanently cared for by close relatives through adoption. Adoption by relatives, often referred to as kinship or family adoption, enables grandparents, aunts, uncles, siblings and step‑parents to become the child's legal parents where it is in the child's best interests. This legal route operates under the Adoption and Children Act 2002 and requires Family Court approval. This article explains who qualifies as a relative adopter, the legal eligibility criteria, the procedural steps, relevant time and residence requirements, how parental consent is handled, and key practical considerations. It is written to be clear and accessible for the public while precise enough to assist solicitors and students.

What Is Adoption by Relatives?

Adoption by relatives refers to situations where a member of the extended family becomes the permanent adoptive parent of a child. This can occur where the child cannot safely stay with their birth parents but has an existing meaningful relationship with a relative. Relatives may adopt either under agency‑led processes (for children in care) or through non‑agency adoption (often called private or relative adoption) where the child has lived with the relative but has not been placed by an adoption agency.

Relatives entitled to adopt include:

• Grandparents
• Brothers or sisters (including half‑siblings)
• Aunts or uncles, including by marriage or civil partnership
• Step‑parents (special case, often discussed alongside relatives)

Adoption by relatives creates a permanent legal parent–child relationship, conferring full parental responsibility on the adoptive relative and generally extinguishing the birth parents' parental responsibility (subject to any residual rights the court orders).

Legal Eligibility Criteria

Child's Age and Status

An adoption order can only be made where the child is under 18 at the date of application; the court cannot grant adoption in respect of an adult.

There is no automatic requirement for the child to have been placed by a registered adoption agency if the application is non‑agency (relative) adoption, but certain procedural steps must be followed.

Age and Relationship of the Prospective Adopter

Prospective adopters generally must be:

• At least 21 years old; and
• Not the child's birth parent (unless adopting jointly as a couple under specified conditions).

For step‑parents specifically, they must have lived with the child and their partner long enough to demonstrate a stable, enduring family relationship.

Residence Requirements

Residence and “home with” requirements vary by category:

• For step‑parent or partner adoptions, the child must have lived continuously with the prospective adopter(s) for at least six months immediately prior to application.
• For other relatives or private foster carers, the child must usually have lived with them for three of the last five years prior to the application, unless the court grants leave to apply earlier.

Applicants who cannot meet the specified residence criterion may still apply but must first obtain the court's permission (leave) to proceed.

Notification and Local Authority Report

Prospective adopters must serve written notice of intention to apply to the local authority at least three months before submitting the formal application. This triggers a statutory duty for the authority to investigate and prepare a report for the court addressing the child's welfare, extended family connections, and the relative's suitability.

Court Procedures and Considerations

Application for an Adoption Order

Once the notice and assessment periods have passed, the relative files an adoption application in the Family Court, usually on form A58. The application must include:

• the local authority's report;
• evidence of residence and caregiving history; and
• any documents relating to parental consent.

Parental Consent and Dispensing

The consent of people with parental responsibility (such as the birth parents) is normally required for the adoption order to be made. However, the court may dispense with consent if satisfied that:

• the parent cannot be found or is incapable of consenting; or
• the child's welfare requires the consent to be dispensed with.

The welfare of the child remains the paramount consideration at every stage. The court will carefully assess whether adoption by a relative is preferable to alternative arrangements.

Welfare Assessment

As part of the court's decision, evidence will be considered on:

• the child's needs, wishes and feelings (age‑appropriate);
• the strength and history of the existing relationship with the relative;
• the ability of the relative applicant to meet the child's emotional, educational and welfare needs;
• any risks or harm in maintaining the current birth family environment.

These elements are weighed using the statutory welfare checklist under the Children Act 1989, supplemented by adoption‑specific principles.

Contact Orders

Even after an adoption order, the court can make contact orders to facilitate ongoing relationships with extended family where it is consistent with the child's welfare. Individuals who would be related to the child but for the adoption can be named in such orders.

Practical Context and Examples

Kinship Care to Adoption

Where a child has been living with a relative for an extended period and that arrangement is stable and beneficial, adoption may be more appropriate than other orders because it provides legal permanency and certainty. In such cases, a non‑agency (private) adoption enables the relative to formalise a situation that already exists in daily life.

Step‑Parent Adoption

Step‑parent adoption is a well‑recognised variant of relative adoption and is treated within the same legal framework, but with specific residence expectations and additional importance placed on consent and family stability.

Risks, Timeframes and Court Challenges

Procedural Delays and Leave Requirements

Failing to meet residence criteria or giving insufficient notice can delay proceedings or require court leave before an application can proceed. Prospective adopters should allow time for local authority assessments and reporting.

Competing Family Interests

Adoption by relatives can raise emotional and legal complexities, especially where birth parents or other family members oppose the application. Courts routinely seek to balance these interests against the overarching welfare priority.

Key Takeaways

Adoption by relatives in England and Wales allows family members such as grandparents, aunts, uncles, siblings and step‑parents to become the child's legal parents where this serves the child's long‑term welfare. Key requirements include:

• clear eligibility criteria for both the child and prospective adopter;
• specific residence and “home with” periods depending on relationship to the child;
• formal notice to the local authority and preparation of reports;
• court assessment of welfare and consent, with power to dispense with consent where justified;
• potential for contact orders to preserve important family connections post‑adoption.

Understanding these legal and procedural elements helps families navigate the adoption process with confidence and clarity.