21 August 2022

Adoption and its requirements

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Who can adopt? 

Adoption is open to people with a whole range of backgrounds and life experiences, capable of giving a child a happy home. There is a broad criterion to determine who can and can not adopt. It is more about the person’s capabilities and potential that make him suitable to adopt a child.

Who Can Adopt?

In the UK, there are thousands of children, coming from a wide variety of religions and ethnic backgrounds, who need to be adopted. Most adoption agencies prefer people who are warm and compassionate and have the health and energy to support the child through to adulthood and beyond.

To adopt, you must meet the following requirements

  • The person can adopt if he is aged 21 or over (no upper age limit)
  • You can still adopt if you are single or an unmarried couple
  • Married couples, civil partners, and couples in a long-term relationships can adopt
  • Heterosexual, lesbian, gay, bisexual, or transgender, whether you are unmarried or a couple
  • Disability or health issue does not automatically bar you from adoption
  • Individuals from any ethnic or religious background
  • Any individual can still adopt if they already have children
  • Legally resident in the UK, the Channel of Islands, or the Isle of Man, or have been domiciled for 12 months
  • A person can adopt even if he is a homeowner or lives in a rented apartment, however, a spare bedroom for an adopted child is required
  • An individual who ended fertility treatment at least six months ago
  • People looking to adopt for the second time
  • Any individual employed or eligible for support and benefits

Who can be adopted?

Similar to eligibility criteria for adoption, a child must meet the following requirements to be adopted.

  • The child must be under 18 years of age at the time when the adoption application is made
  • The child must not be (or never have been) married or in a civil partnership

The biological parents must agree to the adoption unless they can not be found or incapable of giving consent.

Do you have to be a British citizen to adopt a child?

Fortunately, any individual thinking of adoption does not have to be a British citizen, however;

  • The person or his partner has a permanent home in the UK, Channel Islands, or the Isle of Man
  • Prior to the adoption application process, the individual must have lived in the UK for a minimum of 1 year

Criminal Record and Adoption

Having a criminal record would not necessarily rule someone out, however, it would be carefully looked into when determining the eligibility of the applicant.

If the person or any member of the household has a criminal conviction against children or serious sexual offences, they will be automatically excluded from adopting a child.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Zehra works for a number of corporate immigration and family law clients. She advises on immigration matters including but not limited to applications under Tiers 1-5 of the Points Based System, EEA applications, domestic workers, students, family cases, including unmarried partner and marriage visas, settlement and applications for British citizenship.

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