Can we adopt my stepson if the two year rule takes him past 18?

[Shinobeii13]

Local Council are telling me my stepson has to live with me and his Mum for 2 years before we can adopt?
This seems to contradict Governments own website.
He was 16 when he came to live with us from Philippines in January. No father.
He turned 17 in May.
2 year delay takes him past 18.
Have the rules changed ?

@Shinobeii13

I think the rules are that you have to have lived as a family for 6 months
But
There is a minimum period where the parent and step parent have to have been in a stable relationship - usually 2 years

Have you lived with your partner for 2 years?
Also I'd think about what you perceive to be the benefit of adopting a child of that age

Yes we have been married since 2019 and living together well beyond 2 years.
Thr Council are saying he has to live with us for 2 years though.
Im jiust checking it is still 6 month as per Gov website and that I haven't missed something.
Their delay could harm his ability to go through adotpuon befire he turns 18.

I wonder if him only living in the UK a short while is the issue, we had to prove my husband had been living with our son for six months and in his life for two years as part of our step parent adoption.

Have you asked the council which rules and regulations they are basing their 2 year rule on? As far as I can see, GOV.UK guidance says for a partner of the child's parent, the child must have lived with you 6 months, not 2 years, before you can apply. Form A58 guidance says: "If you are the partner of a parent of the child, the child must have lived with you at all times during the period of 6 months prior to making the application." And GOV.UK's stepchild page also says that the child must have lived with both of you for at least 6 months (not 2 years). You cannot adopt him, once he has turned 18, so you need to hurry.

Maybe the council is applying a rule that doesn't take your legal status as a step-parent into account, or there is an issue with how your stepson came to the UK? I would get chatgpt to write you an email referring to the legal basis you think should apply and ask for written clarification of the legal basis for their advice, so in case something goes wrong you have something in writing.

He's been in my life 7 years but things are done differently in Philippines. They dont start learning English at school until after turning 11. But Covid pushed that back.
They use the term OFW which means Off world Filipino Workers. Basically parents are forced to work outside the country to earn best wages (Philippines doesnt pay well working in country). Grandparents raise the children while parents aend money back which is actually more than most earn in the country.
The cost of Visa is huge. For the wife to go from initial Spouse Visa to Eventually Citizenship has cost us around £20'000 that cost is more now for any new applicants.
Since we both work for the NHS such expense is a huge drain.
Sons Visa cost us an additional £5'000 with flights etc included. The process is not simple.
But we jave friends in other parts of UK that have done this step child adoption and have not encountered issues.
Tameside Council in Greater Manchester are the ones blocking this hence why we had to involve Jonathan Reynolds MP who has advised us to make a complaint through the Council.

Following intervention of an MP who provided them with my evidence and qualifications the Council have informed me of THEIR error and that the matter will now be processed.