Private Adoption Legal Advice.

The stages of the adoption process include:

• Your assessment, which can be expected to take around three months
• If successful, you will apply to the court for an adoption order

From the moment of your initial application, we can help and will talk you through exactly what you can expect to happen throughout your assessment and beyond, including making a will.

As part of the adoption process, you will be asked to identify those who will be named as guardians for your child in your will. It is likely that you will be required to alter your existing will or make a new one, to protect your adoptive child and any other children you may have in the future.

As a full-service law firm, we can provide a seamless, end-to-end service across all areas of law to help you through the various stages of the adoption process. Working alongside your dedicated family law solicitor, our employment lawyers can help you understand your legal rights as an employee, while our Wills and probate team can help with your inheritance planning. By working collaboratively across all departments, we can ensure that everything runs as smoothly and efficiently as possible and there are no unnecessary delays or disruptions.

To be eligible to adopt your step-child, you must be over the age of 21 and have lived with your partner and their child for a minimum of six months immediately prior to the adoption.

Adopting your stepchild will permanently end the legal relationship they have with their other parent, who must give permission for the adoption to take place. Your child will no longer be entitled to any inheritance or maintenance payments from this parent and you will have full, permanent legal responsibility for them, even if you were to separate or divorce from your partner or spouse in the future.

Adoption in England and Wales is open to anyone over the age of 21 regardless of their relationship status. Single applicants as well as same-sex and heterosexual couples are all eligible to apply.

Other criteria that prospective adopters need to meet before being considered include:

• They must have a permanent address in England or Wales, even if they are not a British citizen.
• They must not have a criminal conviction for certain offences.

Anyone meeting these initial criteria will then be subject to an assessment to evaluate their suitability and capability for meeting the needs of an adopted child, taking into consideration their:

• Physical health
• Emotional well-being
• Current and past relationships with partners, friends and family
• Support network
• Experience with children
• Financial position
• Work commitments
• Ethnic and cultural background
• Empathy and understanding of the potential issues being dealt with by an adopted child

If you have previously been convicted of a crime, you are not necessarily prevented from adopting a child.

There are certain serious criminal convictions that would disqualify a person from the process but most cases are decided on an individual basis.

If you are concerned that your criminal record may be a barrier to you becoming an adoptive parent, don’t hesitate to contact us for further advice.

Yes, you can. Disability or health issues don’t necessarily disqualify you from being able to adopt. Each case is considered on its own merits but if you have any questions or concerns relating to your health, it is best to take the appropriate legal advice as soon as possible to avoid any complications later on.

Private adoption, meaning one arranged between private parties, is not legal in the UK. If you wish to adopt a child or let someone else adopt yours, you must go through a council agency or a non-profit voluntary agency.
There are specific circumstances regarding relatives and Local Authority Foster Carer which can facilitate the process, but the application will still need to be processed by an agency, the Local Authority, and the Court. This was not a requirement until 1983, and had led to a number of adopted people which cannot find any information about their birth family or their lineage, as the private parties would not have processed the adoption through official channels.

In the UK, adoption generally requires the consent of both birth parents – given that they both have parental responsibility. If one of the parents opposes the adoption, the order cannot be granted under the Adoption and Children Act 2002 Section 47.
In some particular cases, the court may rule that parental consent is not required, such as the birth parents representing a risk for the child. This decision will be based on evidence collected by social services, and taken into consideration together with the parents’ level of involvement in the child’s life.

At Lanyon Bowdler, we have developed a number of flexible payment options to make our top-level legal service available to all.

These include fixed fees and pay as you go arrangements, as well as traditional hourly charging rates so that whatever your budget or financial circumstances there will be a payment plan to suit.

You can utilise our legal service as much or as little as you want, and we will be immediately upfront and open about what you can expect to pay based on your requirements. For more information please don’t hesitate to get in touch and we will talk you through all the available options in detail.