How to Apply for an Adoption Order and the Legal Requirements

An adoption order legally establishes a parent‑child relationship between the adoptive parent(s) and a child. In England and Wales, this process is governed primarily by the Adoption and Children Act 2002 and associated Family Court procedures. An adoption order transfers parental responsibility from the child's birth parent(s) or guardians to the adoptive parent(s), giving the child the same legal status as a biological child of the adoptive parent(s).

This article explains who can apply, what legal requirements apply, how the application process works, what documentation is needed, and practical considerations for prospective adopters and others involved in adoption applications.

What Is an Adoption Order?

An adoption order is a court order which:

• legally severs the parental responsibility of the child's birth parents and other holders of parental responsibility;
• transfers that responsibility to the adoptive parent(s); and
• grants the child the rights and status of a child born to the adoptive parent(s).

Once granted, the child's original birth certificate is replaced by an adoption certificate reflecting the adoptive parents' names.

Who Can Apply for an Adoption Order

Basic Eligibility

To apply for an adoption order in England and Wales:

• The child must be under 18 years old at the time of application.
• The child must not be married or in a civil partnership.
• The adopter must be 21 years of age or older.
• Single people, married couples, civil partners and unmarried couples can apply. If a couple is married or in a civil partnership, they normally apply together.

There is no upper age limit for adopters, but the court will consider whether the adoption is in the best interests of the child.

Habitual Residence and Domicile

Applicants (and their partner, if applying jointly) must:

• be habitually resident in the UK (including the Channel Islands or the Isle of Man); or
• be domiciled in the UK.

This establishes the court's jurisdiction. Habitual residence refers to an established and settled presence in the UK, not merely a temporary stay.

Special Situations

Different rules may apply for:

• Step‑parent adoptions;
• Family or friend adoptions (non‑agency adoptions); and
• Adoptions from overseas (which often require additional forms and procedures).

Preliminary Requirements Before Applying

Before a formal application is submitted to the Family Court:

Placement and Time With Child

The child must have been living with the adopter for a minimum period prior to applying. The rules differ depending on how the child came to live with the prospective adopter:

• If the child was placed for adoption by an adoption agency, the child must have lived with the adoptive parent(s) for at least 10 continuous weeks prior to making the application.
• If a prospective adopter is a step‑parent, foster carer, relative or friend, the timescales vary under the Adoption and Children Act 2002 (often longer). For example: step‑parents typically must have cared for the child for at least six months before applying, while unrelated carers may need three years' care in the last five years.

Notice of Intention to Adopt

In non‑agency adoption cases (such as family members or friends seeking to adopt), the prospective adopter must give written notice of intention to adopt to the local authority. This must usually be done:

• at least three months and no more than two years before the adoption application is filed.

This allows the local authority to conduct an assessment and prepare reports for the court.

The Adoption Order Application Process

1. Completing the Application Form

To start the legal process, you must complete Form A58 (Application for an Adoption Order). This is submitted to the Family Court in the appropriate area.

Key aspects of the form include:

• details of the child and adopter(s);
• information about the child's living arrangements;
• evidence of the placement order (if applicable);
• details of any maintenance agreements or existing court orders; and
• signed statements of truth.

Applications for Convention adoption orders (where the child was habitually resident in another Hague Convention country) or overseas adoption orders use different forms, such as A59 or A60.

2. Paying the Court Fee

A fee is payable when submitting the application. This fee is set by the court (for example, around £207 at the time of writing). You may be eligible for help with fees if you are on a low income or receive certain benefits.

3. Supporting Documentation

Alongside Form A58, you must submit:

• certified copies of the child's birth certificate (or adopted children register entry if previously adopted);
• placement orders or equivalent court orders;
• any maintenance orders; and
• additional copies of statements or supporting reports.

Medical reports may be required in some non‑agency adoption cases unless the child was placed by an adoption agency.

4. Family Court Proceedings

Once the application is filed, the Family Court will process it and typically schedule a final hearing. It may take several weeks for a hearing date to be set.

The court may require the adopter and/or child to attend the hearing, although this is not always mandatory at the court's direction.

A Cafcass reporting officer may be involved to ensure that all parties understand the implications of adoption and consent is genuine.

5. Court Decision and Order

At the final hearing, the judge will decide whether an adoption order should be granted based on what is in the best interests of the child. If an order is made:

• parental responsibility shifts to the adoptive parent(s);
• the child's original birth parents lose parental responsibility; and
• an adoption certificate will be issued upon request to formalise the child's new legal status.

Rights, Responsibilities, and Legal Effects

Once an adoption order is granted:

• The adoptive parent(s) acquire full parental responsibility.
• The child has legal rights to inheritance and status equivalent to a biological child.
• The original birth certificate is replaced with an adoption certificate.
• The order is permanent and can only be revoked by the court in very limited circumstances.

Common Practical Considerations

Consent from Birth Parents
Birth parents' consent is generally required, unless:

• a parent cannot be found;
• a parent is incapable of giving consent; or
• the court decides consent is not necessary for the child's welfare.

Step‑Parent or Family Adoptions
Step‑parent or family member adoptions involve additional considerations, such as longer residence requirements and the need to demonstrate that adoption is in the child's best interests.

Fees and Financial Assistance
Help with court fees may be available. Local authorities often cover some costs for looked‑after children.

International Adoption
Adopting from abroad may involve Hague Convention requirements, country‑specific processes, and additional documentation.

Final Thoughts

Applying for an adoption order in England and Wales is a structured legal process designed to protect the best interests of the child and ensure that adoptive parents are suitable. It involves clear statutory eligibility criteria, specific residence and placement requirements, completion of prescribed court forms, payment of fees, and court proceedings. An adoption order permanently transfers parental responsibility to the adoptive parent(s) and creates a new legal relationship for the child. Prospective adopters should carefully prepare their application, provide required supporting documentation, and consider seeking independent legal advice if the case involves complexity or dispute.