How to Apply for an Adoption Order and What It Entails

Applying for an adoption order is the legal step that permanently establishes a new parent‑child relationship in England and Wales. An adoption order transfers parental responsibility from the child's birth parent(s) to the adopter(s) and gives the child the same legal status as if they were born to the adoptive parent(s). An adoption order cannot be made unless strict statutory conditions are met, the court is satisfied that it is in the child's best interests, and all procedural requirements are followed.

This article explains what an adoption order is, who can apply, how to make an application, the legal process involved, key timeframes, and the practical effects of an adoption order in clear, accessible terms.

What Is an Adoption Order?

An adoption order is a court order made under the Adoption and Children Act 2002 that creates a permanent legal parent‑child relationship between adopters and a child. Once the adoption order is granted:

• The adoptive parent(s) obtain full parental responsibility for the child.
• Parental responsibility of the birth parent(s) and other guardians is extinguished, subject to limited exceptions.
• The child is treated in law as the child of the adoptive parent(s) for all purposes, including inheritance and citizenship matters.

An adoption order cannot be made in respect of a person aged 18 or over, and the child must not be married or in a civil partnership.

Who Is Eligible to Apply?

Age and Residence Requirements

To apply for an adoption order you must be:

• Aged 21 or over (exceptions apply for step‑parent adoptions and some non‑agency cases where one applicant is the parent of the child).
• Habitually resident in the UK, the Channel Islands, or the Isle of Man, or have a principal residence in the UK with at least one year's continuous residence immediately before the application.

There is no maximum age limit for adoptive parents.

Couples and Individuals

Both single people and couples can apply to adopt. Married couples, civil partners, and unmarried couples (same or opposite sex) are eligible, provided that if a couple applies, they make the application jointly unless one is unable to participate for legal reasons.

Special Rules for Step‑Parents and Foster Carers

Different minimum residence periods apply before a prospective adopter can apply:

• A step‑parent must have the child living with them for at least 6 months before applying.
• A foster carer must have cared for the child for at least 12 months.
• Other relatives or connected persons must generally have lived with the child for at least 3 years in the last 5 years.

Before You Apply: Placement and Consent

Placement Order

In most agency‑led adoptions, a placement order is made by the court before an adoption order application. This allows the child to be placed with approved adopters. The child must usually live with the prospective adopter for at least 10 weeks after placement before you can apply for an adoption order.

Parental Consent

Unless consent has already been dispensed with by a court, the child's birth parent(s) must consent to the adoption. Consent can be dispensed with if:

• The parent cannot be found.
• The parent is incapable of giving consent (for example due to mental incapacity).
• It is necessary to safeguard the child's welfare.

How to Apply for an Adoption Order

Step 1: Completing the Court Form

You must complete Form A58 – Application for an Adoption Order and submit it to your local Family Court (often called the Designated Family Centre).

This form requires detailed information about:

• The child's identity and date of birth.
• The applicant(s) and their relationship to the child.
• The child's birth parents, guardians, and any persons with parental responsibility.
• Evidence of residence and consent or reasons consent should be dispensed with.

There are different forms for cases involving children habitually resident outside the UK or for Convention adoptions (Forms A59 and A60).

Step 2: Paying the Court Fee

There is a court fee to process an adoption order application (typically around £207), although fee exemptions or reductions may be available based on income or benefits.

Step 3: Submitting Supporting Documents

You must attach supporting documents, such as:

• Certified copies of the child's birth certificate.
• Adoption placement order (where relevant).
• Evidence of residence and identity.
• Documents relating to parental consent or reasons for dispensing with consent.

Step 4: Court Proceedings

After receiving your application, the court will:

1. Set a hearing date, which is usually within six weeks but can take longer in complex cases.
2. Consider whether to dispense with parental consent where necessary.
3. Review all evidence to ensure that making an adoption order is in the child's best interests, which is the court's paramount consideration.

You do not normally have to attend the hearing, but you or your legal representative may choose to do so.

Practical Effects of an Adoption Order

Once the adoption order is granted:

• The child is legally treated as the child of the adoptive parent(s) for all purposes.
• The child's original birth certificate is replaced with an adoption certificate, which shows the child's new name and adoptive parents' details.
• The adoptive parent(s) assume all parental rights and responsibilities.

An adoption order severs almost all legal ties with the birth parent(s). There are very limited circumstances in which adoption orders can be set aside, and this is rare. Legal advice should be sought in such cases.

Timeframes and Expectations

There is no fixed statutory timeframe for the entire adoption order process. From placement to final order, times vary widely depending on individual circumstances, court availability, and whether consent is contested. Some straightforward cases are completed within a few months of placement; others may take significantly longer.

Common Issues and Considerations

Legal Representation

You are not required to have legal representation, but in contested or complicated cases (for example where parental consent is opposed) it can be valuable to seek a solicitor experienced in family law.

Welfare of the Child

The court's overriding concern is always the welfare of the child. Factors such as stability, continuity of care, and the child's own wishes (if sufficiently mature) can influence the court's decision.

Help with Fees

If you are on a low income or certain benefits, you may be eligible for Help with Fees to reduce or waive the court fee. Application for fee assistance must usually accompany the adoption application.

Key Takeaways

An adoption order is a legal mechanism that establishes a new parent‑child relationship, transferring parental responsibility from birth parent(s) to the adoptive parent(s). Prospective adopters must meet age and residence requirements, ensure the child has lived with them for the statutory period, and complete Form A58 with supporting evidence. The court reviews the application, ensures consent issues are correctly addressed, and makes its decision based on the child's welfare as the paramount consideration.