Adopting a Child in England & Wales

Adoption may be an appropriate route to resolve a child's lifelong family ties.  It is a detailed and tough process, which can be incredibly complex from a legal point of view.  Our family law team will guide you through the process and ensure all legal requirements are properly dealt with.

How can you support me to adopt?

Our team is experienced in advising on:

  • Domestic adoptions coordinated by UK Local Authorities or Adoption Agencies;
  • Family-initiated adoptions – such as step-parent or close relative adoptions;
  • Adoption rights for same-sex couples;
  • Surrogacy transitions – for those who've embarked on a surrogacy path but aren't eligible for a Parental Order;
  • International Adoption;
  • Providing clarity on the eligibility of prospective parents to adopt within the UK; and
  • Issues with getting post-adoption support from the local authority.

Can I adopt a child?

In England or Wales, if you are over the age of 21, you may be eligible to adopt if:

  • You are married, cohabiting, in a civil partnership, part of an opposite-sex or same-sex couple, or single;
  • You have employment or are receiving benefits;
  • You come from any ethnic or religious background;
  • You either have children already or don’t;
  • You own or rent your residence; and
  • You have previously adopted a child.

This list isn't exhaustive and the applicable law can be complicated.

What is the adoption process?

We could assist you to start the adoption process by serving a Notice of Intention to Adopt on the relevant authority.  This will then trigger an assessment of your suitability to adopt and the legal procedures that follow.

The assessment process (for which a social worker will be responsible) can be intrusive and demanding, and will include:

  • Visits from a social worker;
  • Background checks on you and other members of your household;
  • A full medical check-up; and
  • Character references.

Additionally, prospective adopters may be required to participate in some training courses in preparation for becoming parents.

What is the adoption panel?

You may be referred to an adoption panel, which is a group of experts who will make a recommendation as to your suitability to adopt. 

How do they match me with a child?

Once potential adoptive parents and a child are considered for pairing, the agencies will talk about whether it's a good fit for both the child and the parents. A special group, called a matching panel, will make the final decision.

What is an adoption order?

An Adoption Order is a legal document that officially makes you the parent(s) of the child for that child's lifetime, and can have an impact on many legal issues as well as the child's welfare.  It is a significant step, so it's essential to think it over carefully.

If you're already looking after a child who is subject to a Placement Order, the birth parents cannot oppose the adoption without the court's permission.

Sometimes, the birth parents might try to block the Adoption Order. But rest assured, you'd be informed well in advance if this might happen and your details can be kept confidential.

Once the court is satisfied that adoption is the best route for the child, it grants the Adoption Order, and you're officially recognised as the child's parent(s).

When does the adopted child move into the family home?

If you are not already living with the child, then once a match has been identified, the process of moving into the family home is a slow one.  The transition involves visits and stays, supported by the social worker before moving in permanently.  

How long does it take to adopt a child?

As you can probably tell from the procedures outlined above, adoption can be a lengthy process and you should expect it to take at least 6 to 12 months.

 

For further details contact Richard Westley on 01827 317070 or family@pickerings-solicitors.com