Adoption transforms lives – both for the children waiting for forever families and for prospective parents who want to bring a child into their home. 

But it is a lengthy and challenging process (and quite rightly so) that requires commitment, dedication and legal support. 

What is the effect of an Adoption Order?

An Adoption Order gives parental responsibility to the adopters and extinguishes any previous parental responsibility and any earlier court orders. An Adoption Order ends the legal relationship between the child and their natural parent(s) as well as the wider family network, e.g. grandparents and other relatives from that side of the family.

The child will lose all maintenance and inheritance rights from the parent whose parental responsibility has been extinguished. The child will acquire rights to the adopter/s estate as if they were their natural child.

In effect, this means that the child will be treated as if he or she was born to the adopter/s. The adopter/s will have parental responsibility and will be considered the child’s legal parent forever. If, for example, you and your current partner divorce or separate, you will still legally remain the child’s parent.

The child’s original birth certificate will be replaced with an adoption certificate recording the individuals who adopt the child as the legal parents.

The child’s surname can usually be changed unless the court orders otherwise.

Can I adopt my step-child or my partner’s child?

There are certain situations where step-partner or partner adoption may be possible and appropriate. For example, if you are helping to raise your partner’s child from a former relationship or if you have conceived via donation or surrogacy and only one of you is deemed to automatically be the child’s legal parent.

Adoption is not a decision to take lightly and here at Birkett Long our specialist family lawyers can help you through the process, explaining each step clearly.

What factors should I consider?

The court will take into account what is in the child’s best interests when deciding whether to make an Adoption Order.

It may be useful to consider the following questions at the outset:

• What are the child’s wishes and feelings in relation to adoption - if they are old enough to express their feelings?
• What are the views of the child’s natural parents?
• What impact will ending the legal relationship between the child and one of their parents have on the child?
• What do you want to achieve?
• Do you want to become the child’s legal parent forever or are you simply looking to share parental responsibility?

Who can apply to adopt?

An application to adopt can be made jointly or on a sole basis. In any case, each applicant must be over the age of 21.

In the case of joint applications, each applicant must be:

• Married; or
• In a civil partnership; or
• In an enduring family relationship.

For sole applicants, the conditions are slightly different. A sole applicant must:

• Not be married or a civil partner, or - if they are- they must satisfy the court that their  spouse or civil partner cannot be found, or they are permanently separated, or they are mentally/physically incapable of applying; or
• Be the partner of the child’s natural parent.

Whether you are a joint or sole applicant one of the following conditions must also be met:

1. At least one applicant must be domiciled in the British Isles; or
2. Both applicants must have been habitually resident in part of the British Isles for at least one year before the application is made.

Who can be adopted?

An Adoption Order can only be made in respect of a child who is under the age of 18 on the date of the application. The child in question must be under the age of 19 and have never been married or have been in a civil partnership at the date the Order is made.

There are other stringent requirements that must be met. For example, the child must have lived with the applicant at all times for 10 weeks prior to the application if the applicant is a parent of the child, or for six months if the applicant is a partner of a parent of the child. 

If these conditions cannot be met an application can be made to the court to request leave to apply to adopt. If this applies to you, please talk to us for help with this process.

What is involved in the adoption process in the UK?

It is important that proper notice of your intention to make an application to adopt is given to the Local Authority, in writing, at least three months before making your application to the court. The Local Authority will allocate a social worker to your case.

The Local Authority will conduct various safeguarding and background checks on the applicant/s and will arrange a meeting with you to discuss your reasons for making the application. Where appropriate, and where the child is of a sufficient age and understanding, the Local Authority will also have a discussion with the child to ascertain their opinion. The social worker will prepare a report and provide recommendations to the court, taking into account what is in the child’s best interests.

After three months, and provided the checks are successful, you can make an application to the court during which you will need to provide supporting documentation such as the child’s birth certificate. 

The court will contact all parties involved, including the child’s birth parents if known, to determine whether the necessary consents are in place. A date will then be set for the first court hearing and it will be decided whether further reports or evidence are required.

After the first hearing, a date will be set for the final hearing and the court may direct that the applicant/s and the child attend, although this will depend on the circumstances of each case. The judge at the final hearing is able to make an Adoption Order; you will receive a copy and will be invited to a celebration hearing with the child.

What will the court decide?

The court’s main consideration is the welfare of the child/ren and a decision will be made taking into account what is in their best interests.

The court will also have to ascertain whether the natural parents consent to the adoption.  If both parents have parental responsibility, the court will appoint a CAFCASS (Children and Family Court Advisory and Support Service) officer to interview the parents and witness their formal written consent to the adoption.

If the natural parent does not agree to the application for adoption or where there are special circumstances, the court will appoint the CAFCASS officer as the children’s guardian. Their job will be to represent the child and make sure the court is informed of the child’s wishes and those of all other parties before it decides whether to make an Adoption Order.

Do I need consent from the birth parent to apply for adoption?

Everyone with parental responsibility, including the child’s legal parent, will need to consent to an Adoption Order. This always includes the birth mother but may or may not include the biological father. This depends on whether the father has parental responsibility for the child.

It is possible, however, to make an application to dispense with consent of those with parental responsibility.

If a parent does not have parental responsibility the court is not required to obtain their consent before making an Adoption Order. However, in reality, it is likely that the court will want to know their views. In cases where it is difficult to track down the other parent we can help by appointing a tracing agent to locate them. It is important that they are given an opportunity to express their views and opinions as an Adoption Order will permanently extinguish their status as a legal parent.

If you are thinking of making an application for adoption, our adoption specialists will help guide you every step of the way. Please get in touch and we will arrange for you to talk to one of our specialist family lawyers.