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Guide to Adopting a child

What is Adoption?

Adoption takes place when a birth family is unable to look their biological children. The children are placed with another family and become permanent, legal members of that new family. There are several reasons why children may be adopted. In many circumstances, adopted children would have suffered abuse, violence or neglect within their birth families. Through adoption they are given a second chance of a loving home and a family who can care for them and provide them with the support they need for a stable life.

The Adoption and Children Act 2002 established the new and legal process for a child/children going through the adoption process. Through the Act, there are two avenues for a child to be adopted.

  1. The first is through the birth parents giving consent for the child to be adopted by a new family.
  2. The second is through the Local Authority because of care proceedings. In this avenue, the Court authorises the child being placed with a new family.

The Adoption and Children Act 2002 provides a broader definition of specific elements of the adoption process. For example, the significant harm element which now includes emotional harm a child may have endured resulting from witnessing domestic abuse or violence from their biological parents.

Why would I want to Adopt?

Although adopted children are given an opportunity to start their lives over, this does not dimmish the trauma they may have experienced with their birth families. A common issue within adopted families, is having to adapt to the child’s specific needs. Once the adoption process has finished, this does not mean the families are left to continue on their own. They need constant support to be able to provide their adopted children with the best chance of a stable future.

Who can Adopt?

Adoption is open to a variety of people, there are however a few main requirements that are needed before the process can begin. In order to adopt, you must be over 21 years old. To adopt in the UK, you must a legal resident of the UK for at least 12 months. The process of adopting is not easy, it requires a lot of patience, resilience and commitment.

The only exclusions that can prevent families from adopting, is if yourself or a member of your household has a criminal conviction, or caution for offences against children. similarly, if anyone in the household has a conviction or caution for a sexual offence you will not be able to adopt.

What is the Adoption Process?

The first step to a successful adoption, is carrying out the necessary steps to ensure one is capable of adopting? As previously mentioned, there are only two major exclusions that can prevent someone from adopting. This is a two-month period.

The second stage of adoption is a training and assessment period, to ensure that the family are ready to adopt the child/children. This is a four-month period that allows families to become more aware and prepared of what is expected. The family will work closely with a social worker who assess the strengths and weaknesses of the adoptive parents and siblings, which will eventually be reported back to the Adoption Panel.

The third stage is a very important stage of the adoption process. Provided the Adoption Panel are satisfied with the report from the assigned social worker, the panel along with the Local Authority works to match the adoptive family with a child. The Panel will then make the final decision about which child/children is to join a new family!

The final stage in the process, and the most exhilarating stage, is the meeting and moving in stage. Before moving straight in with the new family, the child/children will have numerous contact sessions with the family to build a relationship. The contact sessions gradually increase, and the child/children are welcome to have short stays with the family. This will eventually lead to the child moving in with their new family. Provided everything goes well and the child/children have settled in and have built a good relationship with their new family, the adoptive parents can apply to the court to become their legal guardian.

Adoption statistics

Home for Good is a charity that has dedicated their time to helping children and young people find a home in the UK. They do this through fostering and adoption. Home for Good also helps young teenagers who are struggling with accommodation by finding them lodgings. In 2021 Home for Good reported that 2,870 children were adopted. While this seems like a significantly large number of children, it was a 18% decrease from the previous year. (2020) in the UK 65% of children have been waiting for an adoptive family for over 18 months. 57% of the children are male. 22% of children are from an ethnic minority background. 8% have a disability and 51% are siblings.

For further details on the legal process involved in adopting a child you can contact our family law team and speak with one of our adoption solicitors who will be able to give you all the information you may require.