Adoption

Adoption is securing a child's long term future in another family - a forever family.  The process of adoption effectively ends the parent-child relationship between the birth parents and the child and cements the relationship between the adopters and the child.

The adopters acquire parental responsibility for that child to the exclusion of the birth parents and the child may also adopt a new name at the time the adoption order is made.

The Adoption and Children Act 2002 aligned adoption law with the Children Act 1989 by making the child's welfare the paramount consideration in all decisions relating to adoption.  A child can only be placed for adoption where the parent(s) consent or under a placement order and consent to adoption must be given unconditionally and with the full understanding of what is involved.

We can help if you are:

• wanting to adopt a child either as individuals or couples
• step parents
• seeking special guardianship orders
• parents of children who are the subject of applications to adopt
• wishing to adopt overseas

We will advise on the merits of the application, draft the relevant court papers and attend the court hearings.

A Special Guardianship Order is a new order introduced by the Adoption and Children Act 2002.  It goes further than a residence order in that a carer under special guardianship may exercise parental responsibility to the exclusion of all others, but it does not extinguish parental responsibility as with adoption.  This is an order giving all day to day decisions about the child's upbringing to the special guardian.  It is envisaged that this will be the appropriate order where a long term placement is secured for a child with another family member.

Issues to be considered in adoption

• Have the parents been served with papers?  It will be essential that the court is satisfied that they have proper knowledge of the proceedings, particularly if the child is from overseas.
• Do the birth parents consent?  The court will need to be satisfied that either full and unconditional consent has been given or that the parents are withholding that consent unreasonably.
• What will be the arrangements for contact between the child and the birth family after adoption?  The court will need to consider what arrangements have been made for ongoing contact between the child and the birth parents - this may be indirect contact often called 'letterbox' contact or direct contact.  The type of contact will be very much dependent on the facts of the case.

Email our family team.