Adoption
Changes to Legal Aid
Changes to legal aid implemented in March 2023 now means that legal aid is available for parents and those with parental responsibility without the requirement of a financial assessment (although you will still need to demonstrate that you have a positive case to pursue with some chance of success) for applications for adoption orders.
Steps To Take
Birth parents do not have an automatic right to oppose (fight against) an application for an adoption order. Therefore, if you receive an application for an adoption order in respect of your child, you will firstly need to apply for leave (permission) to oppose the order being made.
Where an application for leave to oppose is made, there is a two-stage test for the Court to consider. The first stage includes assessment of any change in circumstances. In order to oppose the making of an adoption order a birth parent must first show a sufficient change in circumstances. A change of circumstance can include completion of recommended work/therapy, a sustained period of abstinence, or a new safe and stable relationship. The change will be considered on a case-by-case basis. No two cases are the same.
If the Court agrees that there has been a sufficient change in circumstance, the next stage of the test for the Court to consider is whether or not to grant the birth parent permission to oppose – the Courts key consideration at this stage being the child’s welfare throughout their life.
If permission is granted, a birth parent can then proceed with an application to oppose the adoption order which will be determined by the Court, potentially after hearing evidence from all involved.
Post Adoption Contact
The Children Act 1989 provides for “the making of orders which deal with contact arrangements at the adoption order stage and subsequently” between an adopted child and the person making the application.
Those who may apply for such contact include relatives of the child (by blood, marriage or adoption), any former guardian, and any person who had parental responsibility for the child immediately before the adoption order was made.
When considering an application, the Court must weigh up the benefits of contact for the child in question against the possible harm that might be caused to the child by the proposed application.
Why Choose Us?
Our specialist team can assist in all aspects of applications made in respect of adoption orders, to include post-adoption contact.
Accreditations
Contracted with the Legal Aid Agency.
Get In Touch
- info@brendanfleming.co.uk
- 0800 999 1408
- 165 Newhall Street St. Paul’s Square Birmingham B3 1SW
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