Adoptions
Alternatively you may have cared for a child for many years who is not your own and you wish to make your relationship formal. We can also help advise you if someone has applied for an Adoption Order in respect of your child and you disagree with this. Please contact us if this applies to you to discuss this further.
You do not have to be married or even in a partnership with anyone to apply for an adoption order, but if you are with a partner then both you and your partner should be at least 21, or if one of you is the child's parent then one of you should be at least 21 and the other should be at least 18. You should be domiciled in the UK or habitually resident for at least a year. These are technical terms and your solicitor will fully advise you if there is any issue with this, but if you live in England this isn't likely to be a problem.
The child should have lived with you before your application and the amount of time depends on the circumstances of your application:
- If the child was placed with you for adoption this period is 10 weeks
- If you are the child's parent this period is 10 weeks
- If you are the partner of the child's parent the period is 6 months
- If you are a local authority foster parent this period is one year.
- In any other case, the child should have lived with you for 3 years out of the previous 5 years, whether or not for a continuous period.
If the child wasn't placed with you by an adoption agency, then you should notify the Local Authority of your intention to apply for an adoption order.
Of course your solicitor will advise you regarding the information that the Court will need in order to make a decision regarding your application, however if you are asking that the Court not to require the consent of a parent, then the Court will require a statement regarding this. It may be that the parent cannot be found or that you believe the consent is not required because of the child's welfare needs. You will also need to provide copies of placement orders, marriage certificates, death certificates and medical reports as appropriate.
To help the Court decide about your application, a CAFCASS officer is likely to be appointed. CAFCASS officers are the Court's welfare officers and help the Court make decisions regarding children.
About 4 weeks after you make your application, the Court will list a first hearing. At this hearing it will be decided how your matter should progress. This will include deciding the timetable for the final hearing, what reports are required whether from CAFCASS or the Local Authority, whether statements are required and whether the birth parents need to be traced. The adoption order will be made at the final hearing, if the Court decides that it is in the child's welfare to do so.
