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The Legal Process of Adoption.

 

At a point when the child's Social Worker, the adopters and the Link Worker all agree is appropriate, the adopters will apply to a Court for an Adoption Order. The minimum legal length of time before launching an adoption application is 10 weeks, but in practice the usual period is longer - between 3 months and a year. It is important that the child has the chance to settle and the adopters are supported in making all their adjustments, before an adoption is finalised.

The Court will usually be the same one that initially granted a Care Order on the child. If there is no Care Order, the adopters will usually apply to a Family Proceedings Court. The local authority will then submit a report to the Court, detailing the background of the child, his birth parents and adopters, as well as any plans for Post-Adoption contact.

If the local authority has a Placement Order, or if the birth parents consented to the adoption at a previous time, the birth parents of a child would only be able to formally oppose the making of an Adoption order with the permission of the Court.

An Adoption Order transfers all parental rights and responsibilities to the adoptive parents. The legal status of a child within the adoptive family is the same as for a child with their birth parents.

Although this may be a time of anxiety for adopters and children, it should be borne in mind that the adoption plan has already been tested out through the courts, in the case of a Placement Order. Even when there is no Placement Order, a Court will be very reluctant to disrupt a child from a settled placement. Cases where an Adoption Order is not granted at this stage are extremely rare.

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