Child Care Videos

Date when Video was Published: 18/10/2023

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. Once a child is officially adopted, the legal relationship between the child and the biological parents is terminated. 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. 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 years of age, is revoked by the court or the child is adopted. 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. 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 rare. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

Disclaimer

This video content was created on 18/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.