The Criteria for Step Parent Adoption

Applications may be made jointly by either a married or an unmarried couple (whether of different or the same sex) who are living in an enduring family relationship (customarily lasting 3 years or more).

A single person, a step parent or the unmarried partner of a child’s parent may also seek to adopt.

The step parent must apply to the Court for an adoption order to be made. Where permission is granted, the step parent becomes the adoptive parent.

An adoption order is only possible if:

The Court decides that it is in the best interests of the child
Any other parent who plays a role in the child’s life and who has parental responsibility agrees (unless the Court decides that their permission is not required)
The child has been looked after by the couple for more than 6 months
Both applicants are 21 unless the birth parent is 18 or older
One of the couple is resident in the UK or both have been resident in the UK for a year or more
The couple does not comprise two people who are related (e.g. two elder sisters adopting a younger brother or sister)
To evidence stability, the couple must be assessed by the Court to be in an “enduring family relationship”

Note that it is no longer a requirement in law that a birth parent adopts their own child.