
Adoption provides a new permanent family for children whose birth
families are not able to bring them up. This gives those
children who may have had difficulties in their early lives an
important new sense of safety and belonging. Being able to
help a child have a happier more secure childhood and a greater
chance at being able to adjust to living a healthy, happy life
as an adult is one of the most life enhancing choices others can
make. There is no greater joy than unconditional love that is given
to you by children.
Sometimes when couples remarry they want to formalise the relationship
between the stepparent and the children of the family. This
can be because the biological parent no longer involved with the
children and it is in the best interests of the children for this
to happen.
There can occasionally be a need for adoption because the child
was born with the assistance of modern fertility technology. For
further information on this complicated area we would suggest you
view the web sites links below.
Welcome
to the National Gamete Donation Trust: www.ngdt.co.uk
Human
Fertilisation & Embryology
Authority: www.hfea.gov.uk
HenleyLaw can assist you in any situation where adoption is something
you may be considering including foreign adoptions.
What is Adoption?
In essence ‘adoption’ is the process by which a child
becomes regarded in law as the child of the adopter and of no one
else. The child is then regarded as if he or she had been
born to the adopter. This remains the case not just for the
remainder of the child’s childhood, but for life.
A local authority, or adoption agency, may not place a child for
adoption with prospective adopters unless they either have the
consent of each parent with parental responsibility to do so, or
they have obtained a ‘placement order’ from the court.
An adoption order may only be made if each parent with parental
responsibility for the child has either agreed to the child being
adopted or has had their agreement to adoption dispensed with. The
only grounds for dispensing with consent are either that the parent
is incapable of consenting or cannot be found or that the child’s
welfare requires that consent to be dispensed with.
The child’s welfare is the court’s paramount consideration
and a specially tailored adoption ‘welfare checklist’ must
be applied.
The classic image of adopters is of a mixed gender couple who are
selected by an adoption agency to be substitute parents to a child
often one who is in care with a local authority. Many adoptions,
however, involve members of the child’s family, with the most
obvious example being adoption by a step-parent in order to regularise
relationships within a step-family. The pool of potential adopters
has also been widened so that children may be adopted by ‘couples’ who
may be of the same or different genders. A ‘couple’ will
be a married couple, or civil partners or two people who are partners
in an enduring family relationship, an adoption order may also be
made in favour of a single person. |