Opposing an Adoption Order

Opposing an Adoption Order

Can you oppose an Adoption Order?

After the child is placed with prospective adopters, and once they have made their application to the court for the adoption order, birth parents seeking to oppose the adoption order will need to seek permission to do so from the Judge.

What criteria with the Court/ Judge consider?

Birth parents do not have an automatic right to oppose an adoption order. The court will need to consider whether there has been a change in their circumstances since the consent of the parent or guardian was given or, since the placement order was made. The change in circumstances does not have to be significant for these types of applications to be successful. The key consideration of the Court will be the paramount consideration of the child’s welfare throughout their life.

What if the Court grants permission?

If you are granted permission by then the Court will make directions for all parties to comply with and will list the matter for a contested hearing.

The Court, at the conclusion of the contested hearing, will decide whether the parent’s consent should be dispensed with. 

What if the Court does not grant permission?

If permission to oppose the adoption order is refused, the making of an adoption order should not be made until such time that the time to appeal the refusal has expired.

How can Duncan Lewis Solicitors help?

If you find yourself as a Respondent in an application for a Placement Order or Adoption Order, and wish to oppose this, Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law. A range of solicitors, trainees and caseworkers also speak a range of languages to assist clients where required.

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.

How will the matter be funded?

Duncan Lewis Solicitors are able to provide legal aid depending on the type of application that has made.  Should you not be entitled to receive Legal Aid, then our Family Law team are able to discuss private paying funding options with you. A fixed fee may also be available for this matter and the costs to your case will be confirmed with you in advance.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.