Adoption
Adoption can be a way to provide long term care and support for a child by people who are not the child’s birth parents. The process of adoption can be a lengthy and time consuming process and exists to ensure the welfare of the adopted child is maintained. Detailed below are Frequently Asked Questions (FAQ’s) for this area of family law.Q. What is adoption?
Adoption is the process where a child becomes a full member of a new family and the new parents become legally responsible for the child. The birth parents no longer having any legal responsibilities and the adopted child has the same legal status as any child born to their adoptive parents.
Some children retain indirect contact with their birth families through the exchange of occasional letters and photographs. However, it is more usual for birth parents just to receive an annual report on their child’s progress.
Q. Who can be adopted?
Children under the age of 18 can be adopted. If a child is married or has been married they are no longer eligible for adoption
Q. Who can adopt a child?
Adoptive parents must be over the age of 21. Single people, married people or partners living together may apply. For partners who cohabit, only one partner may legally adopt the child.
Adoptive parents must possess a level of maturity and life experience. Single people must be able to demonstrate that they have a support network of relatives or friends living close by who can support them will offer assistance if a child is placed. Married people and cohabiting partners must have lived together in a stable relationship for a minimum of 3 years. Partners from same sex partnerships are usually treated in a non-discriminatory way.
Adoptive partners with previous criminal convictions must disclose these. Any offences involving children, or offences involving serious violence will prevent adoption.
Q. What is the legal process for adoption?
Adoption can be a slow and complex process and every case is unique. It is usual for adoptive parents to complete a programme of preparation and training before an application for adoption is made to the court.
Once an adoption order has been granted it can not be reversed apart from extremely rare circumstances. A child must have lived with the adoptive parents for at least 13 weeks before an application can be made.
If the birth parents are likely to agree to an adoption, the court will appoints a Reporting Officer to ensure the birth parents understand the implications of adoption and witnesses their agreement to the adoption order. If the birth parents are unlikely to the adoption the court will appoint a Children's Guardian to advise if such an order would be in the child's best interests.
Q. How much will it cost?
Clarkes will provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.
If you are eligible for Legal Aid you must provide information when requested by the Legal Services Commission. If a private client payment is required for legal fees in advance or at regular intervals during the progress of your case.
For expert legal help and advice on Adoption contact a member of our Family Law team or call Clarkes on 01952 291666.
