Specialist Solicitors in London for Property, Immigration & Litigation

Who can adopt? Checklist

Who can adopt? Checklist

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

In the UK, there are thousands of children, coming from a wide variety of religions and ethnic backgrounds, who need to be adopted.

To be able to adopt a child, you should be aware of some of the following:

  • A person can adopt if they are 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
  • Disabilities or health issues do not automatically bar you from adoption
  • Individuals from any ethnic or religious background can adopt
  • Any individual can still adopt if they already have children
  • You should be 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 they are a homeowner or live in a rented apartment, however, a spare bedroom for an adopted child is required

Who can be adopted?

Similar to the eligibility criteria for adoption, a child must meet 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 cannot be found or are 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 their partner must have 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 an applicant.

If a person or any member of their 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.