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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 it is appropriate, the adopters will apply to their local County Court for an Adoption Order.
If the child's birth parents are in agreement to adoption, the Court will appoint a Reporting Officer to visit the parents to witness their signed consent and to ensure that this consent is given freely and with full knowledge of the implications. The child's Social Worker will submit to the Court a report known as a 'Schedule II', which will detail the child's and the adopters circumstances to allow the Court to decide on whether an adoption order should be made. There is no need for adopters to involve a solicitor in consented cases.
If the child's birth parents are not in agreement to adoption, the Court will appoint an independent Social Worker known as a Guardian-ad-Litem, to look into all the circumstances of the case. The Guardian-ad-Litem will meet the adopters, the child, the Social Worker, the birth parents and any other person who has been actively involved with the child. After the Guardian has completed their enquiries, they will submit a report to the Court which will be considered alongside the Social Worker's Schedule II report.
When parents are not consenting to an adoption, the adopters should obtain a solicitor who will present the case for adoption to the Court. although in some circumstances the Social Worker may do this. Naturally, the solicitors will be in touch with the Local Authority to obtain the relevant information about the child and the birth family. The Local Authority will meet all reasonable legal costs that are not covered by legal aid.
