There has been much media interest in the recent announcement of the divorce of 'A-list' celebrity couple Angelina Jolie and Brad Pitt. After nearly 13 years together, and a joint fortune of approximately $400 million, speculation mounts as to how the couple will divide this, and indeed how amicably.
However, no matter what settlement is reached the fact remains that the couple have six children between them (three biological and three adopted – Jolie adopted a son prior to the relationship, and the couple then went on to adopt two further children).
An acrimonious custody battle may follow between the couple, but it is interesting to consider the wider issue of adoption in the context of modern 'blended' families.
The general perception of adoption is that is may occur when couples are unable to have their own biological children, or when children in long term foster care are placed with families who are willing to care for them permanently. Adoption may also be appropriate in step family situations where, for example, a child has lived with the mother and the mother's partner who has treated the child as his own and the child has had no contact with the biological father. The partner will have no legal rights in relation to the child, yet may have every emotional bond and interest in the child as the natural parent.
The partner could make an application to the Court for Step-Parental Responsibility or a Child Arrangements Order to give him legal rights and security in relation to the child, but this would not extinguish the rights of the biological father. Adoption, however, would.
If you wish to adopt a step child, the child must have lived with you for at least six months. You will then need to tell your local authority three months before applying to the Court for an Adoption Order and the local authority will do an assessment to help the Court decide if you can adopt the child. As part of this, the mother, partner and biological father will be assessed. The Court then makes the decision.
If you are successful, the Adoption Order will give parental responsibility to the partner and the natural mother will retain it. Parental responsibility will be taken away from the child's other birth parent and anyone else with parental responsibility.
To discuss anything mentioned above, or if you and your partner have split and there are adopted or step children involved, please do not hesitate to contact me on 0115 985 3487 or email me.
