Breaking down the legal process of adoption

Embarking on the journey of adoption is a profound and life-changing decision, filled with both anticipation and complexity. For individuals or couples considering adoption in England and Wales, understanding the intricacies of the adoption process is essential. From eligibility requirements to legal procedures, navigating the adoption journey requires careful consideration and guidance.

In this article, we break down the process of adoption and highlight key aspects individuals need to know when embarking on this remarkable path.

Understanding adoption eligibility

The first step in the adoption process is determining eligibility. Prospective adopters must be at least 21 years old and have the legal capacity to adopt. They can be single, married, in a civil partnership, or living with a partner of the same or opposite sex. Additionally, individuals may need to undergo assessment and approval by an adoption agency, which evaluates factors such as stability, suitability, and ability to provide a nurturing environment for a child.

Choosing the adoption route

In England and Wales, there are several adoption routes available, including domestic adoption, intercountry adoption, and adoption from foster care. Each route has its own set of requirements, procedures, and considerations. Prospective adopters should carefully research and consider which route aligns best with their preferences, circumstances, and capacity to meet the needs of a child.

Pre-adoption training and assessment

Before being approved for adoption, prospective adopters are required to undergo pre-adoption training and assessment. This process typically involves attending information sessions, participating in training courses, and undergoing thorough assessment by social workers. The assessment evaluates factors such as personal background, motivation for adoption, parenting skills, and understanding of adoption issues.

Matching and placement

Once approved for adoption, prospective adopters enter the matching and placement phase, where they are matched with a child whose needs and circumstances align with their preferences and capabilities. The matching process considers factors such as the child’s age, background, ethnicity, health, and any specific needs or requirements. Prospective adopters may be presented with profiles of children available for adoption and have the opportunity to meet and establish a relationship with the child before placement occurs. Different circumstances, such as adoption of a child from within your own family may require a different approach and so legal advice is always recommended.

Legal procedures and adoption orders

The legal aspect of adoption involves obtaining an Adoption Order, which legally transfers parental responsibility from the child’s birth parents or guardians to the adoptive parents. To finalise the adoption, prospective adopters must apply to the court for an Adoption Order, following assessment and approval by the adoption agency. The court considers the child’s best interests and ensures that all legal requirements are met before granting the Adoption Order, along with the question of post adoption contact.

Post-adoption support

Adoption is a lifelong journey that requires ongoing support and guidance for both adoptive parents and children. In England and Wales, adoption agencies provide post-adoption support services to assist families in adjusting to their new dynamics, addressing challenges, and accessing resources and assistance as needed. Post-adoption support may include counselling, therapeutic services, support groups, and access to adoption-related information and advice.

Legal considerations and adoption law

Understanding the legal framework surrounding adoption is crucial for prospective adopters. Adoption law governs the rights, responsibilities, and procedures involved in the adoption process, ensuring that the best interests of the child remain paramount, throughout their lifetime.

At Hutchinson Thomas, our family law department can provide legal guidance and assistance throughout the adoption process, helping prospective adopters navigate legal requirements, paperwork, and court proceedings with confidence.

If you need advice our family law team are here to help. Please get in touch to find out more.

Contact Meriel East  on 01639 640152 or meriel.east@hutchinsonthomas.com