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Adoption Law in the UK

Adoption Law in the UK

Adoption Law in the UK

To apply to adopt a child you must be over 21 years of age and the child must be under 18 years. if you are applying with somebody else as a joint application you will have to be married or in a civil partnership. If you are not married only one person can adopt.Very often the adoption will be carried out through an adoption agency. They will arrange for a social worker to visit you and make a home study assessment of your family. They will take references and check out your medical records. Following the initial assessment the adoption panel will make a recommendation as to whether or not you would be a suitable adoptive parent. If you are approved the process of matching a child to your family will begin.If you have decided not to use an adoption agency it is necessary to inform the social services department of your local council of your wish to adopt at least three months before making your application to the court. In most cases your application to the court to adopt a child will be dealt with by a specialised adoption centre. These are courts which have specialist judges and adoption officers with special training and experience in the adoption process.When considering your application the judge will have a number of options. Very often a reporting officer will be appointed. If the current parent or guardian of the child agrees to the adoption a report will be prepared by the reporting officer to help and assist the court. The child's best interest will be the governing principle as in all matters concerning children.Should the child's existing parent or guardian not agree to the adoption the court will appoint a guardian to protect the child's best interest. The child's guardian will make a report to the court advising on what will be in the child's best interest and will represent the child in court. The local authority or adoption agency may also be required to provide a report which will include details about your family and the child.About four weeks after you have lodged your application for adoption with the court a first directions hearing will be fixed. At this hearing the judge will consider amongst other things whether the application is procedurally correct, whether all necessary documentation is in place, and will fix a timetable for further consideration of your application.If an adoption order is made by the court all legal ties between the child and his or her birth family are severed and transferred to you as the adoptive parents. Once the adoption order has been made it will be final and cannot be set aside even should the reason for the adoption turn out to be unfounded. There have been cases where allegations against the birth family have been found to be wrong after an adoption has taken place. Notwithstanding this the adoption could not be set aside.
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