Legal Updates
Key takeaway: Adopting a child in the UK follows a structured two-stage process regulated by the Adoption and Children Act 2002. Prospective adopters must be at least 21 years old, and the full process typically takes six to twelve months from initial enquiry to placement, with a further period before the court grants a final adoption order.
Adopting a child is one of the most significant decisions a family can make. Understanding the adoption process in the UK before you begin helps you prepare for what lies ahead and avoid unnecessary delays. This guide explains who can adopt, how the two-stage assessment works, what happens in court, and how long the process typically takes.
If you need legal advice at any stage, our family law solicitors can help with the legal aspects of adoption, from initial eligibility questions through to the court application.
For tailored legal advice on child access, get in touch with Pickering and Butters’ family law solicitors in Stafford and Rugeley today.
The legal requirements for adoption in England and Wales are set out in the Adoption and Children Act 2002. Before applying, you must meet certain eligibility criteria.
You must be at least 21 years old to adopt a child. There is no upper age limit, though adoption agencies will consider your health and ability to care for a child into adulthood. You (or at least one applicant in a couple) must be domiciled in the British Isles, and you must have been habitually resident in England or Wales for at least one year before applying.
You do not need to be married to adopt. Joint applications can be made by married couples, civil partners, and unmarried couples (including same-sex couples). Single people can also adopt independently. If you are in a couple but only one of you wishes to adopt, a sole application is possible, though the agency will still assess your household circumstances.
Since 2013, adoption in England has followed a formal two-stage process designed to be completed within six months. In practice, the full journey from first enquiry to a child moving in often takes twelve months or longer, depending on how quickly a suitable match is found.
Your first step is to contact an adoption agency. This can be your local authority adoption service or a voluntary adoption agency (VAA) such as Coram, Barnardo’s, or Adoption UK. Most agencies hold regular information events where you can learn about the process, ask questions, and hear from experienced adopters. There is no obligation at this stage.
Stage 1 begins when you submit your Registration of Interest (ROI) form. The agency carries out a series of statutory checks and background assessments, including:
• Enhanced DBS (Disclosure and Barring Service) checks for all adults in the household
• Local authority checks with children’s services
• A health assessment carried out by your GP
• Personal references from at least two referees who know you well
• Employment and financial background checks
Stage 1 should be completed within two months. If no concerns are identified, you progress to Stage 2.
Stage 2 is a more in-depth assessment. A social worker is assigned to work closely with you over a four-month period. During this stage, you will:
• Attend adopter preparation training courses
• Participate in a series of home visits and one-to-one interviews
• Explore the age range and needs of children you feel able to parent
• Discuss your strengths, support network, parenting approach, and any challenges
The social worker compiles their findings into a Prospective Adopter’s Report (PAR), which is presented to the adoption panel for a recommendation.
The adoption panel is an independent body made up of professionals and people with personal experience of adoption. Panel members typically include social workers, medical advisers, adoptive parents, and adults who were adopted themselves. The panel reviews your PAR and recommends whether you should be approved as suitable to adopt. The agency decision-maker then makes the final decision, usually within seven working days of the panel meeting.
If the agency does not approve your application, you have the right to apply to the Independent Review Mechanism (IRM) for a fresh, independent review of your case.
Our adoption solicitors can advise if you wish to challenge an agency decision or need guidance on your options.
Once approved, the agency works with you to identify a child whose needs match your skills and family circumstances. This stage may involve:
• Reviewing profiles of children waiting for adoption through the national Adoption Register or Link Maker
• Attending adoption activity days, where approved adopters meet children in a relaxed, informal setting
• Considering children from other local authorities or voluntary agencies beyond your own region
When a potential match is identified, the agency prepares a detailed matching report. The adoption panel reviews the proposed match and makes a recommendation. If approved, a structured introduction plan is agreed between you, the child’s foster carers, and the social workers involved.
Introductions typically last one to two weeks. During this period, you visit the child regularly, gradually increasing the time spent together until the child moves into your home.
An adoption order is the legal mechanism that permanently transfers parental responsibility from the birth parents to the adoptive parents. You cannot apply for an adoption order until the child has lived with you for at least ten weeks (if placed by an adoption agency).
Applications are made through specialist Adoption Centres within the family court system. These courts have judges and Cafcass (Children and Family Court Advisory and Support Service) officers who are experienced in adoption proceedings.
Approximately four weeks after the application is filed, the court may hold a first directions hearing. At this hearing, the judge will:
• Check that all required documentation has been submitted correctly
• Consider whether any further evidence or reports are needed
• Set a date and venue for the final hearing
If the birth parents consent (or appear to consent) to the adoption, the court appoints a reporting officer. The reporting officer’s role is to ensure that consent has been given freely and with a full understanding of the legal consequences, and to produce a report for the court.
If the birth parents do not consent, the court appoints a children’s guardian to protect the child’s interests. The children’s guardian investigates the circumstances, prepares a report advising on the child’s welfare, and represents the child throughout the court proceedings. The local authority or adoption agency may also be required to provide a separate report covering the child’s background and the prospective adopters’ suitability.
For further information, see the GOV.UK guidance on adopting a child.
Timescales vary depending on individual circumstances, but the following provides a realistic overview:
Stage | Typical Duration |
Pre-stage: research and enquiry | 1 to 3 months |
Stage 1: checks and registration | 2 months |
Stage 2: assessment and approval | 4 months |
Matching with a child | Variable (weeks to several months) |
Introductions | 1 to 2 weeks |
Placement to adoption order application | Minimum 10 weeks |
The government target is for the assessment process (Stages 1 and 2 combined) to be completed within six months. Matching can take additional time, particularly for adopters who are open to a narrower age range or specific circumstances. Being open to a wider range of children, including sibling groups, older children, or children with additional needs, can significantly reduce waiting times.
Once the court grants an adoption order, the legal effect is permanent and irreversible. All legal ties between the child and their birth family are severed, and full parental responsibility transfers to the adoptive parents. The child is treated in law as if born to the adoptive family and takes the adopters’ surname (unless the court directs otherwise).
An updated birth certificate is issued by the General Register Office, and the adoption is recorded on the Adopted Children Register.
Post-adoption support is available through your adoption agency and local authority. This can include therapeutic services for the child and family, peer support groups, financial support through adoption allowances, and access to specialist education advice. Adoptive families are entitled to request a formal assessment of their support needs at any point after the adoption order is made.
For details on funding, see the Adoption Support Fund on GOV.UK.
Yes. Single applicants can adopt in England and Wales regardless of gender. The adoption agency will assess your support network and ability to meet a child’s needs as a sole carer, but being single is not a barrier to adoption.
No. You can adopt whether you own or rent your home. The agency will check that your accommodation is suitable and stable for a child, but home ownership is not a requirement.
It depends on the nature of the offence. Certain convictions, particularly offences against children, permanently disqualify you from adopting. Other convictions are assessed on a case-by-case basis as part of the enhanced DBS check in Stage 1.
Adopting through a UK adoption agency is free; you will not be charged assessment or placement fees. If you instruct a solicitor to assist with the court application, legal fees will apply. Our family law team can discuss likely costs with you.
Fostering is a temporary arrangement where a child lives with a foster family while remaining legally the child of their birth parents. Adoption is permanent: the child becomes a full legal member of the adoptive family, and the birth parents’ legal rights and responsibilities are ended by court order.
Yes. Stepparent adoption follows a similar court process but does not require the full two-stage agency assessment. You must have lived with the child for at least six months and have consent from all people with parental responsibility, or obtain the court’s permission to proceed without consent. Our stepchild adoption solicitors can guide you through the application.
For tailored legal advice on child access, get in touch with Pickering and Butters’ family law solicitors in Stafford and Rugeley today.
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