Frequently Asked Question - adoption/surrogacy
- Can anyone adopt a child?
- What is the process of adoption?
- What happens if one parent disagrees with the adoption process?
- When should we make an application for a Surrogacy Agreement?
- Does the surrogate mother retain any rights over the child?
Can anyone adopt a child?
Potentially anyone aged over 21 who is resident in the UK can apply to adopt a child. Applications can be made solely - ie by one person, or jointly.
Joint applications can only be made by a married couple or civil partnership or two people living as partners in an enduring family relationship. (The age restrictions can change if a couple make a joint application; it may be possible for women as young as 18 to adopt in such circumstances).
What is the process of adoption?
- the child must be under the age of 18. Different rules apply to the length of time the child has had their home with you prior to the application; from 10 weeks, if the child was placed for adoption by an agency or court, or six months if one of the applicants is the partner and the other is the parent of the child. In other cases it can be one year or more.
- in a non-agency placement, you must inform your local authority that you intend to apply for an adoption order at least three months before you apply
- an adoption application is prepared for the court. (You can ask a solicitor to do this for you, or apply on your own behalf.)
- the local authority will carry out an investigation
into your adoption application, including home visits
to check their well-being and the environment in
which they will be living.
NB it is an offence to refuse to allow the visits. You must also keep the local authority informed of any permanent change of address, either two weeks before you move, or up to one week afterwards in the case of an emergency - the court will make the Order for Adoption taking into account all the circumstances affecting the well-being of the child. This includes the child's own feelings and wishes, the long-term benefits to the child, and whether each current parent/guardian consents to the adoption freely, unconditionally and with full understanding of what is involved
- if a parent or person with parental responsibility cannot be located, we need to make an application to the court for that person's agreement to the adoption to be dispensed with
What happens if one parent disagrees with the adoption process?
If a natural parent disagrees with the adoption process they have the opportunity to discuss this with the Local Authority, who will include this information in their report. A biological parent who doesn't have parental responsibility can apply for contact, or parental responsibility, and the court will consider their application alongside the adoption order. The court may be reluctant to pass an Adoption Order if one parent is strongly opposed to it.
When should we make an application for a Surrogacy Agreement?
The application must be made within the first six months of the child's birth, but not before the child is six weeks old. The court must be satisfied that the commissioning parents do not pass any benefits or money to the surrogate mother in connection with making the order (not including expenses for maternity clothes, travel, ante-natal checks etc.)
Does the surrogate mother retain any rights over the child?
Although the parental order makes the commissioning parents the child's sole legal parents, it does not sever the legal relationship between the child and his or her biological mother, who retains her parental responsibility.
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