The process whereby adoption is made legal is not necessarily a linear one.
There are certain minimum periods for which the child must live with the adopters before an adoption order can be made, or, in England and Wales, before an application can be made to the court. The precise details vary very slightly depending on the country concerned and the circumstances in which the child came to live with the adopters.
A birth mother cannot give consent for adoption until her child is at least six weeks old. Where birth parents do not agree, there is a process for the agreement to be independently witnessed. The detailed process varies according to the legislation of the particular country in the UK.
If birth parents do not agree to adoption, there are circumstances in which the court can override their wishes. Again the detailed process will depend on which country is involved.
In many cases, the question of consent will be considered by the court before the child is placed for adoption. A children’s guardian will be appointed by the court to investigate and give advice to the court on the child’s best interests. In some circumstances, it will be necessary for the question of consent to be considered when the adopters actually apply for the final adoption order.
How can Prism Family Law help with the adoption process?
At Prism Family Law, we have the necessary experience and expertise to guide you through the legal process and represent you at any court hearing before the Family Court.
We have specialists in advising and representing:
- Couples and single people wishing to adopt
- Step-parents who want to adopt a step-child
- Same-sex couples looking to adopt
- Adopters in inter-country adoptions.
We also advise and represent parents who do not agree to adoption orders being made.
For legal advice and help in relation to any aspect of adoption, please do not hesitate to get in touch with us by phone, email or Live Chat on our website and take advantage of our free, no obligation consultation.