Supportive Adoption Solicitors
Our expert team of family law specialists have unrivalled experience of adoption law. The family law team includes solicitors accredited by Resolution as experts in adoption law.
We have specialised knowledge of international adoptions and can advise on the procedure in this country of being approved for adoption and the subsequent possible applications in the English courts. We can advise on unusual situations where children from abroad are in this country already and questions of adoption have arisen. It is a complex area of law and deals with the illegality of bringing children from abroad into this country without prior authority and requires expert knowledge, which our team can offer.
To get the support you need, call 0151 236 8871 or book a call with our legal experts.
If children are being adopted through the care system, a placement order will usually have been made and the subsequent adoption hearing may not be contentious. However, issues may arise, such as challenges to the placement order or contact post-adoption where we can advise and act on behalf of foster carers or prospective adopters.
We can also advise birth parents of any application they may be able to make and how the provisions of the Adoption and Children Act 2002 affect them. We can advise potential adopters on the approval process with adoption agencies and Local Authorities and any difficulties that have arisen or potential applications through the independent review mechanism. We can issue or advise on applications in courts throughout the country depending on the initial addresses of the children or the applicants.
Step–parent adoption can be a minefield of regulation and legal requirements, and we can help you through that maze and advise as to whether it’s the best order for your family. There are other possibilities such as joint residence orders which may be more appropriate. For grandparents, a special guardianship order may be another option.
How our adoption solicitors can help
We currently have one of the biggest specialist children teams on Merseyside with 10 of our solicitors holding accreditation as members of the Law Society Children Panel with training and significant experience in dealing with adoption cases
We can provide advice and legal representation both to parents whose children are subject to an adoption application and to families seeking to adopt a child
We can also advise family members who may have been seeing a child regularly under the terms of a court order and someone is now applying to adopt that child
In some cases Legal Aid may be available for birth parents subject to financial eligibility. We have a contract with the Legal Aid Agency and can tell you if qualify Legal Aid for your case. The Legal Aid Agency will also need to be satisfied that there is an arguable case.
If you are seeking to adopt a child who has been placed with you for adoption by a local authority or adoption agency the local authority or agency may agree to help with your legal fees
What is adoption?
The adoption process relates to the court process when a child ends their legal relationship with their birth family and transfers that to their adoptive family who acquire the same legal rights in respect of the child as a birth parent .At the end of the court process ,if successful an Adoption order is made .That is registered in the same way as a birth certificate and an Adoption Certificate is issued showing the child’s adoptive names , replacing the birth certificate for use for official purposes e.g. school registration , passport applications etc .
Often adoption means that the child will also cease seeing members of their birth family and there may only be very limited contact by way of written updates passing back and forth between the adoptive family and birth family once or twice per year via social services or the adoption agency
In the past it was very common for a parent who felt unable to keep their child either due to family, financial or social pressures to give up the child often to an adoption agency who would identify a suitable family to adopt the child as their own.
This is now a relatively rare situation. Most children placed for adoption are those whose parents have had social services involvement with their families , and a court has previously decided that the children would be at risk of significant harm if they were to remain with their birth parents and there is no other family member in a position to provide safe care .
It is also open to a stepparent to adopt their partners’ child from a previous marriage or relationship generally if the child’s parent is no longer playing any part in their life
Adoption by a family member is now extremely unusual as there are other types of order considered to be more suitable e.g. Child Arrangements Order or Special Guardianship Order.
What is the adoption process?
In order to adopt a child an application must be made to court for an Adoption Order.
The application must be made before the child’s 18th birthday although the order can be made at any time before their 19th birthday
If a child has been placed by a Local Authority or Adoption Agency it is likely that the child will already be subject to a Placement Order made at the end of previous proceedings when the court has given approval to a plan to place the child for adoption .The adoption application is the final stage of that process when the adopters send their application forms into the court giving information about themselves and the child along with a report from the social worker .The court reviews that information and sends notice of the application to the birth parents .At this stage , birth parents can express an intention to oppose the application .
Any information provided to the court by adopters is confidential and cannot be disclosed without their permission
Birth parents must be informed of the application. If birth parents current whereabouts are not known the court must be satisfied that all possible steps have been taken to trace them and notify them of the application. This can include the court making enquires of the DWP to check any address from which benefits are being claimed or on record for tax and National Insurance purposes. Searches should also be made on social media.
If you are a birth parent it is important that you seek legal advice at this point.
Birth parents are given a time limit to put in an application to oppose the adoption with a supporting statement and reports setting out what positive changes have been made in their lives since the placement order was made .A hearing date will be fixed when the parents and social worker may attend court . the judge will decide what other information may be needed to help decide whether parents have strong enough grounds for opposing the application .in many cases the judge may ask the CAFCASS guardian involved in original case to become involved again and to do a further report
If the birth parents don’t oppose the application, it becomes a fairly straightforward matter and will progress swiftly to a final hearing when the adoption order will be made .The judge may list a ‘celebration hearing ‘ when the child attends court with the adoptive family for an informal hearing at which members of the wider family can be present
If the birth parents do oppose the adoption there will be one or more hearings when the judge will look at the statements and reports before moving on to a hearing when the judge will hear evidence from the parents , social workers and CAFCASS guardian and will decide whether it is in the child’s best interests to be adopted ,looking at the lifelong implications for the child for being brought up away from their birth family. If the judge does approve adoption an adoption order will be made
If a child has not been placed by a local authority or agency ,or a step parent is seeking to adopt it will be necessary either to obtain the birth parents consent or if they refuse or are unable to give consent ,to apply to dispense with that consent . On receipt of the adoption application the court will refer it to CAFCASS. A CAFCASS reporter will contact the birth parents and meet them to discuss their willingness and ability to sign the formal consent forms.
If a parent isn’t willing to give that consent, or doesn’t cooperate with the guardian, the adopters will be informed and will be required to make an application to dispense with consent. The CAFCASS reporter becomes the child’s guardian .The guardian is social work trained but is entirely independent of any other person within the proceedings .They will be asked to write a full report looking at the parents situation ,and will consider whether it is in the child’s best interests to be adopted .This process will also include meetings with the potential adoptive family and the child themselves .The guardian will appoint a solicitor who will represent the child’s interests in court .When dispensing with consent the court will look at the lifelong implications for the child .The determining factor will be the child’s welfare .
How long does the adoption process take?
There is no fixed timescale for completing an adoption application.
However, because an adoption order is the most draconian order a court can make in relation to a child it is extremely important that all the procedural requirements are followed. The court will not make any final orders without being satisfied that has happened
Generally, the court aims to complete any case relating to a child within 26 weeks and there is no reason why a straightforward matter cannot be completed within that time or even considerably less
However if the case is more complex ,especially if parents cant be traced or if it is necessary to dispense with their consent then it may take longer ,possibly up to 12 months .The court must however ensure that all efforts are made to ensure any delays are avoided.
So, who can adopt?
You must be
- Be over 21 years old.
- Be legally resident in the UK, the Channel Islands or the Isle of Man, and have been so for at least 12 months.
- Have no criminal conviction or caution for offences against children or for serious sexual offences.
A single person or a couple can apply to adopt. A couple do not need to be married or in a civil partnership although there does need to be evidence of a long-term relationship