Adoption and Placement Orders

Adoption and Placement Orders

What is Adoption?

Adoption is the process where an adult, who is not the biological parent of the child, becomes the official guardian to the child. They incur the rights and obligations of a parent. The Adoption and Children Act 2002 sets out that the “child is to be treated as if born as the child of the adopters”. Once a child is officially adopted, the legal relationship between the child and the biological parents is terminated.

What is the process for Adoption?

Under the Adoption and Children Act 2002, in order for an adoption to be effective, either the biological parents of the child must give their consent to the adoption, or the Court will dispense of their consent and order the adoption to take place.

If at the conclusion of the care proceedings involving a child the Care Plan of the Local Authority is for adoption, the Local Authority will file and serve a Placement Application.

How are Placement Applications linked to the Adoption Process?

If the Local Authority are successful in their application, then a Court will dispense with the consent of the biological parents if they withhold the same and make a Placement Order. This order will authorise the Local Authority to place a child with approved prospective adoptive parents.

A Placement Order is often made at the same time as a Final Care Order at the conclusion of the care proceedings. The Placement Order will remain effective, until the child reaches the age of 18, is revoked by the court or the child is adopted.

Can you revoke a Placement Order?

The court is able to revoke a placement order, as long as the child has not yet been placed for adoption and the court is satisfied that there has been a change in circumstances since the order was made.

The right to revoke a placement order is not an automatic right, permission of the court has to be sought in the first instance.

What are the consequences of an Adoption Order?

Once prospective adopters have been found, the Local Authority will apply for an Adoption Order, which gives the child the legal status as a child of the adoptive parents.

Once the Adoption Order has been granted by the Court, the Adoption is made permanent and an adoption certificate will be issued for the child with their new name.  It is at this stage that the biological parents of the child will lose their Parental Responsibility.

The adoption order continues throughout the child’s life unless the order is set aside, which is extremely rate.

How can Duncan Lewis Solicitors help?

If you find yourself as a Respondent in an application for a Placement Order or Adoption Order, 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.