Stepparent Adoption in Northern Ireland

If you or your partner have children from a previous relationship living with you, then you are considered a ‘step-family’ under the law. When stepparents have full day-to-day responsibility for their stepchildren, they may wish to put their relationship with the children on a more formal footing through the adoption process.  This is a legal process which gives adopters (in this case, the stepparent) legal parental rights for a child, as if the child were theirs biologically.

Apart from adoption, there are other ways to secure parental responsibility for stepchildren. The Courts approach such applications based on the best interests of the child(ren). The alternative court orders that can be considered before deciding on the adoption process are applications under the Children’s Order (NI) 1995, namely a Parental Responsibility Order or a Residence Order.

Parental Responsibility Agreement or Order

Under amendments to the Children Order (NI) 1995, a stepparent may apply to the court for a Parental Responsibility Order. This is only available to a stepparent who is married to the child’s natural parent, with that natural parent having parental responsibility for the child. In family law, if the Court makes a parental responsibility order in favour of a stepparent, then that person will have the same rights and responsibilities as the natural parent, with the exception of some restrictions (for example, they cannot consent to an adoption order). However, it does mean that once the stepparent is conferred with parental responsibility, they are a party to decisions regarding the child’s schooling, education and medical treatments.

Residence Order

This type of court order names the person with whom the child will live. If a person is granted a Residence Order for a child for whom they do not already have parental responsibility, the Order confers parental responsibility to that person. When parental responsibility is conferred on this person, this does not affect the parental responsibility rights which any other person (i.e. a natural parent of the child) may have. Importantly however, a stepparent who is granted this type of order does not have the same rights as a natural parent. For instance, a Residence Order does not permit the stepparent to change a child’s surname, or take the child out of the country for more than one month without the consent of any other person with parental responsibility. A Residence Order offers stability to the stepparent and the child, but not the permanency that accompanies an Adoption Order.

Applying to the Court for an Adoption

In the cases where a stepparent wishes to legally adopt their stepchild, an application is made under the Adoption (NI) Order 1987. Where the other natural parent of the child does not consent to the adoption, a Statement of Facts must be lodged with the Court, together with the application asking the Court to proceed without the consent of this parent to the proposed adoption. This often arises when the other parent cannot give consent because they cannot be found – in these instances, all efforts made to trace them should be included in the Statement of Facts.

The application for adoption is then sent to the local Trust, for them to make all enquiries regarding the circumstances of the case and to provide a report to the Court regarding the circumstances of the intended adopter, the child and the other birth parent.

A Children’s Court Guardian will then be appointed to advise on the best interests of the child and again, they will be asked to investigate the circumstances of the case and to make recommendations to the Court with respect to the proposed adopters.

If the recommendations of these parties are in favour of adoption, an ‘Adoption Hearing’ is listed before the Court. This is a short, informal hearing where the Judge, having considered and being satisfied with the application, the recommendations of Social Services and Children’s Court Guardian, then makes an Adoption Order.

After the hearing and the subsequent granting of the Adoption Order, an Adoption Certificate is provided, and steps can be taken to obtain a new birth certificate recording the adoptive parent as the legal parent of the child. When a stepparent adopts their spouse’s child, it has the effect of ending the legal relationship between that child and their other natural parent and indeed that parent’s entire family network, making the stepparent the legal parent of the child.

At Caldwell & Robinson, our Family Law team are familiar with the legal intricacies of blended families and are available to provide assistance to families who wish to legally formalise stepparent-stepchild relationships.

This advice is written by Clare McEleney, Family & Child Law Solicitor.

If you would like to contact Clare, please click here.