Adoption Order

An adoption order confers legal parentage and parental responsibility upon an individual (adopter) for a child. It is designed to be a life-long legal order under English law to provide stability and permanence for an adopted child. It can be used flexibly in a number of modern family situations (not just for the placement of vulnerable children by adoption agencies), including:

• Conferring legal parenthood on a non-birth parent following assisted conception.
• Conferring legal parenthood on a family member for a child (e.g. following family placement of the child or unexpected death of a parent).
• Conferring legal parenthood on a step-parent in a blended family.
• Resolving a dispute about a child’s legal parentage.

We can also provide bespoke legal advice and representation in an application to obtain an order recognising a foreign adoption under English common law.

The Adoption and Children Act 2002 (“the ACA 2002”) is the main statute governing the grant of adoption orders under English law. When the English Court considers whether to make an adoption order it must take into account a range of factors:

• The paramount consideration must be the child’s welfare throughout their life.
• That any delay in determining an adoption order is likely to be prejudicial to the child’s welfare.
• The child’s wishes and feelings about adoption (taking into account their age and understanding).
• The particular needs of the child.
• The likely effect on the the child (throughout their life) of ceasing to be a member of their original family and becoming an adopted person.
• The child’s age, sex, background and any other relevant characteristics.
• Any harm which the child has suffered or is at risk of suffering.
• The child’s relationship with relatives, any prospective adopter with whom the child is placed and any other relevant person including:
  • the likelihood of any such relationship continuing and its value to the child.
  • the ability and willingness of any of the child’s relatives or any such person to provide a secure environment in which the child can develop and otherwise meet the child’s needs.
  • the wishes and feelings of any of the child’s relatives or of any such person concerning the child.
• In placing a child for adoption consideration must be given to the child’s religious persuasion, racial origin and cultural and linguistic background.

In determining an adoption application, the court must also consider the whole range of powers available under the Children Act 1989 and it must not make any order unless the benefits to the child outweigh not making an order.

We are experienced in placing family life on a firm legal basis. We provide cutting-edge legal advice, options and solutions for modern and blended families as well as those formed through assisted reproduction. Our preeminent legal expertise in both fertility and family law enables us to align the needs and wishes of modern families and those formed through assisted reproduction.

Our legal services under English law include:

• Legal packages.
• Bespoke legal advice tailored to your situation, needs and wishes.
• Preparation of legal documentation.
• Legal support and representation in court proceedings.

Click here to read more about our media and commentary work in relation to family and fertility law, policy and practice.

“National Adoption Week 2025” (Louisa Ghevaert associates’ blog, 16 October 2025).

“The Risks of Unregulated Sperm Donation: Serial Sperm Donor Joe Donor” (Louisa Ghevaert Associates’ blog, 12 August 2025).

“UK Adoption Order granted to a single non-biological mother for a child born through a Californian surrogacy arrangement”, (Louisa Ghevaert Associates’ blog, 3 March 2023).

“Declaration of parentage: confirming family ancestry and biological parentage following adoption” (Louisa Ghevaert Associates blog, 8 June 2022).