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What is the process for adopting a child and do I need a lawyer?
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The adoption procedure can seem a long drawn out process. Given that the child's future is underconsideration, this is understandable. The steps are simply as follows:
- As the adopters, you complete and file an application form - you may want legal advice as it is not an easy form to understand and it could delay the process if any mistakes are made at this stage.
- A social worker is asked to investigate you and your background and to find out the views of the child(ren) - their report is confidential. However if you choose to instruct a lawyer to represent you the judge may release this to us. Usually what information you see is restricted and the report is never released to the birth parents.
- The next step relates to the birth parents and whether they agree to the adoption - often they do not. The duty of the court is to carry out a thorough and time-consuming investigation into all the circumstances. Ultimately, the judge has to decide whether to overrule the birth parent's refusal to agree to the adoption.
- You will probably be asked to file a statement of facts whilst the courts carry out their investigation. This may help the judge with their decision to override the birth parent's refusal to consent to the adoption.
- The next stage is for the court's officer - now called the child's guardian - to file their report with the court. You do not see any of this unless you have legal representation in which case some of this may be released to you.
- Finally there is the adoption hearing which is held at court - the law states that the child(ren) must be present at this hearing so any adoption order is made in front of them.
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