Adopting a child can be a great way to expand your family while giving a home to a child who needs one. Gay people have the same rights to adopt as heterosexual people in the UK, but there are still various legal considerations that must be accounted for.
Adopting is a popular option for same sex couples, alongside surrogacy and sperm and egg donation. All of these options require you to take the right steps legally to ensure your parental rights and responsibilities are clearly established and that the needs of the child are protected.
Crisp & Co’s LGBT family law team have many years of experience dealing with gay adoption, as well as sperm and egg donation and surrogacy for same sex couples. We can advise you on all aspects of adopting a child and related issues, making sure the process runs smoothly and all potential legal issues are anticipated and taken care of. This then leaves you free to move on with this new phase of your life.
Talk to one of our gay adoption solicitors today on 020 3281 7889 or use the enquiry form above for a quick reply.
Our same sex adoption service
Crisp & Co’s expert gay adoption solicitors can help you with all issues related to same sex adoption, ensuring all of the legalities of adopting a child are taken care of.
Eligibility to adopt
If you are considering adopting a child, we can advise you on whether there are likely to be any potential barriers to your ability to adopt. In general you must be aged 21 or over, either you or your partner must have a fixed permanent UK address and you (and your partner if adopting as a couple) will need to have lived in the UK for at least 1 year.
Adoption court orders
To make an adoption legal, you will need to apply for and be granted an adoption court order. This gives you parental rights and responsibilities for the child, makes the adoption permanent and removes parental responsibility from the child’s birth parents.
Our expert LGBT family solicitors can help you prepare your application for an adoption court order, making sure everything is correctly filled out and reducing the chances of any issues holding up the process.
Parental responsibility for gay people
Parental responsibility is the legal right to make decisions about a child’s care, upbringing and other important issues about their life. When you adopt a child, you will automatically be granted parental responsibility. However, if you marry or enter into a civil partnership with someone who is already a parent, you may want to establish parental responsibility without legally adopting the child.
This can be done with the agreement of the child’s parent and anyone else with parental responsibility. If a person with parental responsibility objects, you may be able to obtain parental responsibility with a court order.
Parental orders for gay people
If you use a surrogate to have a child using your sperm or egg, you will normally need to apply for a parental order after the baby is born to legally become the child’s parent.
When the baby is born, the birth mother will legally have parental responsibility for the child until you obtain a parental order. If you are the sperm donor and were named on the birth certificate, you will also have parental responsibility. If you were a sperm donor not named on the birth certificate, an egg donor, or simply want to make sure the mother no longer has parental responsibility, a parental order can do this for you.
To apply for a parental order you need to be:
- Genetically related to the child i.e. the sperm or egg donor
- In a relationship where you and your partner are married, in a civil partnership or living as partners
- Have the child living with you
- Be a permanent UK resident
Please note: you cannot currently apply for a parental order if you are single.
Our LGBT family law team can guide you through the process of applying for a parental order, helping to ensure that your parental rights are established and the best interests of your child are protected.
Our expertise in LGBT adoption
Crisp & Co’s expert gay adoption solicitors have been helping LGBT people to adopt for many years. We understand all of the legal issues involved and can help to ensure the process runs as smoothly as possible. We can advise you on all the legal implications of adopting, your rights and responsibilities and help you make any additional provisions necessary, such as updating your Will.
Get in touch with our expert gay adoption solicitors
To speak to one of our gay adoption experts about any of the legal aspects of same sex adoption and parenting, call us today on 020 3281 7889 or use the enquiry form below for a swift response.