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Adoption

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For more information about our Adoption services

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We can represent parents who have been informed that an application has been made for an adoption of their child. This would usually be after conclusion of Care Proceedings where the local authority are involved. We have particular specialism in Children matter involving the local authority and there may be Legal Aid funding available to assist you.

You may also seek advice along the way if you are going through the process of adopting a child via a local authority or agency. In some situations, you may need to make an application for a Non Agency adoption for a particular child. We can advise or represent you in this area of law.

Adoption Orders

An Adoption Order is an Order of the Court which effectively terminates the Parental Responsibility of the birth parents, and appoints the adopters as the child’s legal parents. The adopters will thereafter be viewed in law as the child’s parents, and can exercise Parental Responsibility in the same way that a birth parent would.

A local authority ‘s application for an adoption order is usually made only after conclusion of Care and Placement proceedings. Where a placement order is in force, a birth parent must seek leave (permission) to oppose the making of an adoption order. There is a two stage test the Court will consider in deciding whether to grant permission. Firstly, has there been a significant change in the parent’s circumstances since the Placement order was granted, and secondly, having considered all the circumstances and with the child’s welfare throughout his or her life being paramount, should leave be given? The second part of the test will focus on the child’s welfare, the parent’s prospects of success and the child’s welfare throughout his or her life.

A Placement Order is the order authorizing a local authority to place a child for adoption with approved proposed adopters. The Adoption order is the step which actually terminates the legal ties between the child and the birth parents and effectively makes the adopters the legal parents of the child.

This would be called a Step Parent Adoption. To apply, you and your partner must have lived together with the child for a minimum of 6 months, and you must give the local authority in which you live a minimum of 3 months notice of your intention to apply, so that they may carry out an assessment to assist the Court. An important part of that assessment will be to consider the involvement or otherwise of the other parent, as an adoption order for a step parent would strip the non resident parent of all parental responsibility. If the child is cared for between two homes or parents, this is therefore not likely to succeed and their consent to an adoption by a step parent would only be dispensed with if the Court determined that the child’s welfare required this.

We have particular specialism in Children matter involving the local authority and there may be Legal Aid funding available to assist you.

Our Family Law Specialists

Our Adoption department is composed of dedicated specialists committed to providing clear, sensitive and practical legal support.

Get In Touch With Allington Hughes Law

Contact us today to see how we can help!

You may contact Allington Hughes with any legal queries or questions by calling or emailing our offices. We will endeavour to offer you straightforward advice from one of our fully qualified and experienced legal team.

Please note that e-mails are a non-secure method of communicating and we cannot guarantee that your e-mail will be received by us. We do have a filtering system in place, and would always recommend that if your e-mail is urgent, that you follow it up by telephone.

Wrexham - 01978 291000
Chester - 01244 312166
Llanwrst - 01492 641222
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