Legal Requirements for Domestic Adoption by Relatives

Domestic adoption by relatives-sometimes called a kinship adoption-is a legal process by which a family member becomes the adoptive parent of a child to provide a permanent, stable home. Adoption removes legal relationships with the birth parents and transfers full parental responsibility to the adopters. Relatives considering adoption must meet specific legal requirements, follow statutory procedures and satisfy courts that adoption is in the child's best interests. This guide explains the key legal criteria, procedural steps, time limits, potential risks and answers common questions for relatives seeking to adopt in England and Wales.

Statutory Framework

Adoption in England and Wales is governed by the Adoption and Children Act 2002 and the Family Procedure Rules (Part 14), which together set out eligibility criteria, residence requirements, consent processes and court procedures for adoption orders. Local authorities, voluntary adoption agencies and family courts all play defined roles in the assessment and decision‑making process.

Who Can Adopt a Child

In principle, any person aged 21 or over may apply to adopt a child, subject to suitability and statutory requirements. Relatives who may be eligible to adopt under the Act include:

• Grandparents
• Aunts and uncles
• Siblings and half‑siblings
• Step‑parents and civil partners of a parent
• Other family members or close friends with a significant relationship with the child.

Adoption by relatives is treated as a non‑agency adoption where the placement was not arranged by a local authority or a registered adoption agency. In these cases, the applicant must follow specific procedural steps outlined in statutory law.

Residence and Placement Requirements

Before a relative can apply for an adoption order, the child must have lived with them for a specified period:

• Other family members (including grandparents, aunts/uncles, siblings): the child must have lived with the applicant, or in the case of a couple, with one or both of them, for at least three years in the five years before the application.
• Step‑parents: the child must have lived with the applicant and their partner continuously for the six months immediately preceding the application.
• Local authority foster carers have different residence requirements under agency adoption rules.

These requirements derive from section 42 of the Adoption and Children Act 2002; if the applicant does not meet the residence test, they may apply for leave (permission) from the court to proceed.

Notice of Intention

Prospective adopters must give notice of their intention to apply for an adoption order to the local authority where they live. This notice must be given not more than two years and not less than three months before filing the adoption application. The local authority is then required to investigate the matter, assess suitability and prepare a report for the court.

Failing to give notice within this timeframe can delay the process or require the court's leave before proceeding.

Local Authority Assessment and Reports

Once notice has been given, the local authority has a statutory duty to:

1. Make enquiries and assessments about the proposed adoption, including the child's circumstances, the suitability of the relative and the child's welfare needs.
2. Prepare a report for the court that covers the suitability of the applicant(s), the child's wishes and feelings (where appropriate), and recommendations on whether an adoption order should be made.

These requirements are part of the procedural framework under the Family Procedure Rules (Part 14). Reports are confidential and form the basis for the court's decision on the adoption application.

Consent and Court Proceedings

Parental Consent

Birth parents normally must consent to the adoption; consent must be informed and voluntary. If a parent cannot be located, lacks capacity to consent, or if consent is refused but adoption is found to be in the child's best interests, the court may dispense with consent.

Making the Application

Once residence requirements are met, notice has been given and assessments completed, the relative files an Application for an Adoption Order (Form A58) with the family court. The application must include supporting documents such as the child's birth certificate and the local authority's report.

The court will then consider:

• Whether the statutory requirements have been met.
• Whether sufficient opportunities have been given for contact and assessment.
• Whether adoption is better for the child than no order at all and promotes the child's welfare throughout their minority.

The child's wishes and feelings, where they have sufficient understanding, are taken into account during proceedings.

Key Legal Criteria the Court Considers

Courts applying the statutory welfare checklist focus on:

• The child's physical, emotional and educational needs.
• The likely effect of adoption on the child.
• The child's age, background and characteristics.
• Relationships with relatives, including the proposed adopters, and how these may continue after adoption.

Placement with a relative is not guaranteed; the court must be satisfied that adoption is in the child's best interests.

Alternatives to Adoption

Relatives should consider other legal arrangements when adoption may not be appropriate or achievable, such as:

• Child Arrangements Orders – determine who a child lives with and contact arrangements.
• Special Guardianship Orders (SGOs) – grant parental responsibility to a relative without severing legal ties with birth parents, often used for kinship carers.

These alternatives may offer stability and shared parental responsibility without the permanency of adoption.

Time Limits and Procedural Requirements

There is no strict statutory deadline by which a relative must apply for adoption; however, the residence requirements and notice period must be observed. Missing procedural steps can lead to delays or require special court permission before the adoption application can proceed.

The local authority's report timelines are set by the court, and family courts generally expect robust preparation to avoid unnecessary delays that may affect the child's welfare.

Practical Considerations and Risks

Assessment and Background Checks

Adoption by relatives involves thorough suitability assessments, including background checks, health reports and home studies. Criminal record checks (DBS) and references are part of the process to ensure the child's safety and welfare.

Impact on Family Dynamics

Relatives should consider the emotional and relational implications of legal adoption, especially when it alters the child's legal ties with birth parents. Adoption is permanent and may affect inheritance, identity and family relationships.

Legal and Financial Advice

Given the complexity of the process, many prospective adopters engage solicitors experienced in family law to ensure compliance with statutory requirements, protect procedural rights and support the court application.

Common Questions

Can a grandparent adopt without local authority support?
Yes, a grandparent can pursue a non‑agency adoption by giving notice to the local authority, meeting residence requirements and satisfying the court.

What if the child hasn't lived with me for three years?
If the residence requirement is not met, you must apply to the court for leave to make the adoption application before filing notice with the local authority.

Is the child's consent required?
Children over a certain age are usually able to express their wishes, and the court considers these, but their formal consent is not legally required for an adoption order.

Final Thoughts

Domestic adoption by relatives in England and Wales is a legally distinct pathway that requires meeting statutory residence tests, giving formal notice to local children's services, undergoing assessments and satisfying the family court that adoption is in the child's best interests. Relatives must follow procedural rules, secure parental consent where appropriate and demonstrate suitability through comprehensive assessments. Understanding these legal requirements and engaging early with children's services and, if necessary, legal advisors can help families navigate the process effectively to achieve stable, permanent outcomes for children.