The courts and adoption

 

Two pieces of new legislation now govern how the adoption court views all new applications to adopt a child. The Family Procedure (Adoption) Rules 2005 and the Adoption and Children Act 2002 guide the adoption court when they are hearing all adoption cases.

The court places the welfare of the child at the centre of all the decisions it makes. Even before your case reaches the adoption court your application must be assessed by the adoption agency. This assessment could take up to eight months. Once their assessment is complete the adoption court can issue an order that allows you to formally adopt the child.

Before a child can be adopted the child’s parents must relinquish their rights as the parents of the child. The court will only issue an adoption order once the court is satisfied that the parents of the child have agreed to the adoption, or that the adoption court has the legal right to move forward with the adoption without the birth parents’ consent.

If you want to stop your child being adopted, you can go to the court yourself to explain your reasons. The support of a solicitor with experience of family law can help with your case when you appear before the adoption court.

If you would like to obtain legal advice about adopting a child, Caven can put you in touch with a local specialist adoption solicitor free of charge.  So, if you have any questions or would like our help in finding local family / adoption solicitors please call us on 08001 221 2299 or complete the web-form above.

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