Adoption

This is possible although there are a number of considerations that need to be overcome initially. The Court will look at what is known as the welfare checklist. As part of that checklist, the Court will look at what is in the best interests of the child as their paramount consideration. The Court will also want to understand why a child’s needs could not be met by a lesser order such as a step-parent parental responsibility or a residence order. In addition, consideration will need to be given as to whether the child’s other natural parent needs to give their consent or be involved in the legal proceedings. Adoption is a very specialist area of law and it is recommended that advice is taken early.

When you adopt a child the legal ties between the child and the birth parents are cut. All parental rights and responsibilities pass to the adoptive parents. The child becomes a full member of the adoptive family and has the same legal rights as a natural child.

In certain circumstances at the most extreme end of the scale the Local Authority may indicate to the Court that they do not consider that your child will ever be able to return to your care or to the care of a member of your family. In these circumstances the Local Authority will make an application for a placement order to allow them to place your child for adoption. To do so they will need to secure a Care Order and either have your formal consent or agreement to the placement or invite the Court to make the Order as being in the child’s best interest.