Adoption: A Guide for Court Users

Page 3 of 13

Who can apply for an adoption order?

A couple may apply to adopt a child provided that, at the time the adoption order is made:

• both of them are at least 21 years of age, or
• one of them is the mother or father of the child to be adopted and is at least 18 years of age, and the other is at least 21 ; and
• at least one of the couple is domiciled in a part of the United Kingdom, the Channel Islands or the Isle of Man, or
• both members of the couple have been habitually resident in a part of the United Kingdom, the Channel Islands or the Isle of Man for a period of at least one year, ending with the date of the application to the court.

A ‘couple’ means two people who are living in an enduring family relationship. They may be of different sexes or the same sex, married, unmarried or civil partners.

One person may apply to adopt a child provided that at the time the adoption order is made the person applying is at least 21 years of age and is:

• not married/does not have a civil partner; or
• the partner of the mother or father of the child to be adopted; or
• married or has a civil partner and is able to satisfy the court that:
  • his or her husband/wife or civil partner cannot be found; or
  • they have separated and are living apart and the separation is likely to be permanent; or
  • his or her husband/wife or civil partner is incapable of making an application for an adoption order by reason of ill-health;

and he or she

• is domiciled in a part of the United Kingdom, the Channel Islands or the Isle of Man, or
• has been habitually resident in a part of the United Kingdom, the Channel Islands or the Isle of Man for a period of at least one year, ending with the date of the application to the court.

‘Domicile’ is normally taken to mean the place where you have your permanent home.

‘Habitual residence’ is normally taken to refer to usual, or customary, residence in a particular place.

If you have any doubt about whether you meet these conditions, you should seek legal advice.