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Adoption law in the UK falls under the jurisdiction of the Family Law Court. It is a legally-binding process which permanently transfers parental responsibilities and rights from the birth parents to the adoptive parents. It is regulated by several pieces of legislation, primarily the Adoption and Children Act 2002. In London, adoption services are typically provided by local authorities, voluntary adoption agencies, and adoption support agencies, all of which operate under the auspices of these laws.
Seeking legal help during your adoption journey is often essential. A lawyer can educate you about your rights, answer complex questions, and guide you through the intricate legal process. Common situations where legal help may be required include adopting a child from abroad, from a relative, or from foster care. If you're facing an adoption dispute or coping with the complexities of the consent process (like if birth parents cannot or do not consent), you may need legal support. An adoption lawyer can also help you understand the financial implications, including fees and adoption grants.
UK adoption law is relatively uniform, but there are regional iterations to consider. The Case Review Report, for example, has to be approved by the Adoption Panel in the London Borough where the adoptive parents reside. Key aspects of local laws include the assessment process, which typically takes about six months, and the fact that single people, unmarried couples and same-sex couples are legally allowed to adopt. All adoptions, whether arranged privately or through an agency, must be made legal through a court order.
In the UK, the applicants must be over 21 years and can be single, married, in a civil partnership, unmarried or the partner of the child's parent. There are no upper age limits. Checks will be carried out to ensure the child’s safety.
No, you don’t need to be a British citizen to adopt in the UK, but you (or your partner, if you’re a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man, and have lived there for at least 1 year.
Once the Adoption Order is made, it cannot be revoked except in extremely rare circumstances, such as if it was proven that the adoption order was acquired by fraud or duress.
Adoption from local authority care is typically free, though legal costs may be involved. International adoption and private adoption can have substantial costs, ranging from a few thousand pounds to over £20,000.
In some cases, a financial allowance may be paid to adopters, particularly if they adopt a child with specific needs or a sibling group. The level of this allowance will depend on individual circumstances.
The official GOV.UK website is a helpful source of information on adoption. Prospective parents may consult the British Association for Adoption and Fostering (BAAF) and Adoption UK, both of which offer resources and support. For legal advice, the Law Society can direct you to specialists in Family Law.
If you’re considering adoption and need legal advice, start by contacting law professionals with a specialty in Family Law. They can explain the entire adoption process, your rights, potential challenges and legal fees. It’s also helpful to contact adoption agencies and attend information sessions to know more about the process. Seeking information and understanding the legal landscape is the first step on your adoption journey.
