Can I adopt my step-child?

It is estimated that there are over 2.5 million children in England and Wales living in step-families. When a new family is formed the adults may be anxious that they and the children legally become a ‘real’ family.

Adoption is a legal process by which all parental rights and responsibilities are permanently transferred to the adoptive parents by a court. The child legally becomes part of the adoptive family, usually taking the family’s surname. Adoption has significant legal, emotional, psychological, and social consequences for the child, the adoptive parents, the birth parents and many others. Because of this, adoption is not always the right choice for step-families as it means the child loses all legal ties with their other birth parent.

Only a small number of step-children are adopted each year, approximately 1,800. Most step-families don’t adopt and the adults involved work out satisfactory arrangements for the care of the children.

There are a range of alternative options to adoption to help a child to feel secure in their new family, including changing the child’s surname, obtaining a parental responsibility agreement/order or a residence order, and applying for special guardianship, which gives special guardian parental responsibility (England and Wales only).

To find out more...

• Speak to your local authority children's services department or seek independent legal advice from the Citizen’s Advice Bureau

• Order BAAF's Advice Notes, Step children and Adoption in England and Wales or Step children and Adoption in Scotland (2006)

• Read our answer to the commonly asked question, 'Can I adopt a member of my family?'

• Look through our useful resources for families

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Last updated: 27 April 10

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