Legal Issues for Stepparents : Adoption

Adoption is one of the ways for a stepparent to acquire Parental Responsibilities and Rights towards a stepchild. However, careful thought must be given before you decide to proceed with an adoption.

The current law states that a parent and stepparent must be married before a stepparent can adopt their stepchild. If you have entered into a civil partnership, or you and your partner are unmarried, you cannot adopt your stepchild.

However, the Scottish Government is due to implement new laws that change this. The Adoption and Children (Scotland) Act 2007 will become law in late 2008 or 2009. The new act will allow a stepparent who is cohabiting with their partner to adopt their stepchild. This includes cohabiting mixed-sex, same-sex couples, or two civil partners. You can download our free leaflet from the publications page for more information on adoption law in Scotland and the adoption process.

For many parents and stepparents adoption can seem like a very positive step that will provide a secure family identity for their child and help them adjust to their new family. However, adoption can only provide legal security for a child and may not provide the emotional stability that many parents and stepparents expect. Consequently, parents and stepparents should carefully consider the possible negatives of adoption, alongside the positives, and whether emotional stability for their child could be provided in other ways.

Some Advantages of Adoption

§         All members of the family will share the same surname and will be recognised in law as one family unit.

§   A stepparent will have the same legal parental responsibilities and rights towards the child as their natural parent.

§         The adopted child will share the same inheritance rights as the other children from the relationship.

§ The child will no longer have any legal links with their previous family.

Some Disadvantages

§ Adoption is an irreversible arrangement that means the adopted child loses inheritance rights, contact rights and financial support from the other birth parent and their family. This may not seem important now, but may be important if financial difficulties arose or both parents in the new stepfamily died while the child was still young.

§ Although you may want to put the past behind you, your child may not. Children can remain loyal to their absent parent and fantasise about their original family reuniting long after the parents have moved on. Adoption may feel like a rejection or criticism of their original family.

§ Adopted children can have feelings of loss because their birth parent ‘gave them up’ to someone else, even if they do not remember them. This can result in feelings of rejection or guilt that the child may find difficult to express.

You may wish to consider some alternatives to adoption that can provide many of the benefits of adoption, but without the downsides.

Alternatives to Adoption

§         If a single family name is your key concern, you can change your child’s family name without adoption. See our leaflet on how to change a family name.

§        A stepparent can apply for legal parental responsibilities and rights towards their stepchild through the courts without having to adopt their stepchild. See our leaflet on parental responsibilities and rights for more information.

§         To ensure your stepchild inherits from you in the event of your death make sure you have a detailed will outlining your wishes and ensuring that you specifically name each of your children and stepchildren.