Mark Smith and Lily Constance Brett co-author this article exploring the nature of private adoption, the statutory process underpinning it, and the circumstances in which it may provide an appropriate or essential route to legal permanence. Published 12 January 2026.
Most family practitioners are well acquainted with adoption orders made following public law care proceedings. Far less familiar, however, is the alternative route by which prospective adopters may themselves apply to adopt a child without the involvement of care proceedings or a placement order: a private adoption.
This article explores what private adoption entails, an overview of the process, and why it may be an appropriate (and sometimes essential) route in certain cases, including step-parent adoptions and intercountry adoption scenarios.
The Legal Framework
The key piece of legislation governing adoption in England and Wales is the Adoption and Children Act 2002 (“ACA”). The Act provides for 4 main types of adoption including: adoption of a child from foster care; fostering to adopt; non-agency adoption and overseas adoption.
The legal effect of an adoption order is profound. From the date of the order, the adopted child is treated in law as if born to the adopters (s.67 ACA). Parental responsibility under the Children Act 1989 is transferred permanently to the adopters, and the legal relationship between the child and their birth family is extinguished, save for limited statutory exceptions.
Two routes
There are two distinct routes to adoption set out in s.47, ACA. The first, and the most common, follows public law proceedings. In such cases, a placement order is made at the conclusion of child protection proceedings, that allows the child to be placed for adoption by an adoption agency. This is often referred to as an “agency adoption”.
The second route is private adoption. In these cases, there is no requirement for care proceedings or a placement order. Instead, the prospective adopter applies directly to the court and must satisfy the statutory criteria set out in the ACA.
Private adoption process
Private adoption applications are governed primarily by s.42-51 ACA. The key requirements include:
- Child: the child must never have been married (s.47(8) ACA) and under the age of 19 (s.47(9) ACA).
- Consent: the consent of each parent or guardian with parental responsibility must be obtained, unless the court dispenses with consent on statutory grounds (s.47 ACA).
- Residence with the adopter: that the child has ‘had their home with’ the prospective adopter for the requisite qualifying period prior to the application (s.42 ACA). Depending on the circumstances, this may range from 6 months continuous residence to 3 years within the preceding 5-years to the application.
- Jurisdictional Connection: the adopter must be domiciled in the UK (s49(2) ACA) or have been habitually resident in the UK for at least 1 year prior to the application (s.49(3) ACA).
- Local Authority Notification and Assessment: the prospective adopter must notify the relevant local authority at least 3 months, but no longer than 2 years, before issuing the application. The local authority is then required to prepare a detailed report for the court known as an ‘Annex A assessment’ - assessing the suitability of the adopter and making recommendations.
Although private adoption is a non-agency route, the Annex A assessment is typically completed by a social worker from the adoption agency via the local authority, who acts as the host authority for provision of legal advice and representation of the agency, and the report is required to address the matters specified in Practice Direction 14C of the Family Procedure Rules 2010.
Prior to making an adoption order, the court must consider arrangements for post-adoption contact with the child’s biological family (s.46(6) ACA). The court must also apply the welfare checklist under s.1(4) ACA and consider the effect of the order on the child throughout their life in accordance with s.1(2) ACA.
When might private adoption be appropriate?
Private adoption may be an option practitioners should consider where a step-parent or relative living with the child seeks to formalise their legal relationship, or where individuals have adopted a child in another country and wish for that adoption to be recognised in the UK. It is not uncommon for individuals to adopt a child overseas in circumstances where the foreign adoption is not automatically recognised in the UK jurisdiction. In such cases, a private adoption application may be necessary to secure the child’s legal status, confer British citizenship, and enable the family to live in the UK. This route is also available to UK ex-pats living abroad who retain their domicile in the UK, provided the statutory criteria are met.
Private Adoption in Practice
The initial hearing in private adoption proceedings is ordinarily listed as a short preliminary hearing. In appropriate cases, it is open to the court at that first hearing to proceed to make a final adoption order, bringing the proceedings to an end. This will typically occur where the statutory criteria are plainly satisfied, the informed consent of the child’s biological parent(s) has been obtained (or is not required), and the proposed adoption is positively supported by the local authority’s Annex A assessment.
Proceedings may, however, become contested or protracted in a number of circumstances. These include cases where a biological parent opposes the making of an adoption order and the court is required to determine whether consent should be dispensed with; where concerns are identified within the Annex A assessment such that the local authority does not support the application; or where further evidence or investigative enquiries are required, most commonly in cases with an international element.
Conclusion
Private adoption provides an important mechanism for prospective adopters for securing legal recognition of an existing parent-child relationship. Whether in the context of a step-parent relationship or in cases of intercountry adoption, it offers a route to permanence, security, and clarity where agency adoption is neither appropriate nor available.
Given the complexity of the statutory requirements and, in international cases, the potential overlap with immigration and nationality law, early specialist legal advice is essential to ensure that the process runs smoothly, and the application is successful.
Mark Smith is a barrister specialising in extradition, international family and immigration matters. He has particular expertise in cases involving cross-border issues and parallel proceedings across multiple jurisdictions.
He is recognised within the Legal 500 for his work in international crime & extradition, immigration and family: Children. Mark is recognised in Chambers & Partners for extradition and immigration. Mark has appeared in the Supreme Court and the Court of Appeal, as well as the High Court Family Division in relation to international family matters and the Administrative Court in extradition proceedings.
Lily Brett has over a decade of experience in family law. she practices exclusively in family law, with a particular focus on private children law and financial remedy proceedings. Lily is frequently instructed in cases whereby multiple proceedings overlap, such as private children and financial proceedings (and injunctions), providing her clients with the benefit of consistent counsel to ensure no stone goes unturned when dealing with each set of proceedings.
