Non-Agency Adoption (Private Adoption)

Non-Agency Adoption (Private Adoption)

What is Private Adoption?

Private Adoption is where existing relatives wish to adopt the child or where the child has lived with the prospective adopter for a period of time. The Adoption and Children Act 2002 allows adoption by relatives including the following:

• A Grandparent
• Siblings, including half siblings
• A step-parent
• Aunts and uncles, which includes a parent’s half siblings, or aunts or uncles by marriage or civil partnership.

Can I adopt my step-child?

In order to adopt your step-child, you must be over 21 years old and have lived with your partner and your step-child for a minimum of six months immediately preceding the adoption application.

If you adopt your step-child, this will permanently end the legal relationship the child has with their biological other parent.

It is important to note that the child’s other parent must give their consent for the adoption to take place and if consent is not provided the court can order the adoption to take place.

If the adoption is granted, you will have full, permanent legal responsibility for the child and this continues throughout the child’s minority, even if you separate or divorce from your partner in the future.

Eligibility to adopt

Any person in England and Wales can adopt if they are over 21 years old, regardless of their relationship status.

Before being considered, the prospective adopter must satisfy the following criteria:

1. That they have a permanent address in England and Wales, even if they are not a British Citizen; and
2. They must not have a criminal conviction or caution for offences against children and certain sexual offences against adults.

Disabilities and health conditions do not automatically prevent you from adopting.

An assessment will then be undertaken to evaluate the prospective adopter’s suitability and capability to meet the needs of the child.

Can I adopt as a Local Authority Foster Carer?

Yes, Local Authority Foster Carers can apply to adopt a child who has been living in their home at all times for one full year before the application.

How long does the child have to live with me before I can apply to adopt?

For step-parents, the child must have lived with you for a minimum of 6 months before the application and one year for Local Authority Foster Carers.

For anyone else, the child must have lived with you for not less than 3 years (whether continuous or not), during the period of 5 years preceding the application for adoption.

If you do not meet this requirement, you can still make an application to the Court for adoption, but you must firstly obtain the permission of the Court.

What is the Adoption process?

If you are considering adoption, it is important that you seek legal advice from the outset so that you are clear on the process and can receive advice regarding the implications of adoption. The adoption process can be lengthy and confusing for people with no legal knowledge which is why family lawyers can assist in explaining the matter.

You must firstly notify the Local Authority of your intention to apply for Adoption which must be given not more than 2 years or less than 3 months before the application for adoption is made.

An assessment for adoption can take approximately 3 months. If the assessment is positive, you will then be required to submit an application to the Court for an Adoption Order.

How can Duncan Lewis Solicitors help?

If you are considering Private Adoption, Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law. It is important that you seek legal advice from the outset of the matter, as Private Adoption can be time consuming and involve complexities. A range of solicitors, trainees and caseworkers also speak a range of languages to assist clients where required.

Duncan Lewis adoption lawyers have a successful track record in advising clients on adoption – and Duncan Lewis is ranked by the Legal 500 2014 for its Family & Matrimonial work. The Duncan Lewis adoption team includes Advanced Members of the Law Society’s Family Panel and members of the Law Society Children Panel, so our team is well placed to help you with any adoption issues, including applying to the family court for Private Adoption.

How will the matter be funded?

An initial interview with a fixed fee for legal advice on a private adoption matter can be offered. Once the case has been assessed it may be possible to offer a hourly rate or a further fixed fee but you will be advised of the funding options in advance.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel.

For expert legal advice on all Private Adoption matters, contact Duncan Lewis Adoption Lawyers on 020 7923 4020.