In 2022-2023 2,960 children were adopted in England, a fall of 2% on the previous year. According to the Coram charity as at 31 December 2023 2,410 children in England were ready for adoption but a family had not been found. This was an increase of 14% on the previous year.
What does adoption mean?
An adoption order is an order made by the Court which gives the adopter(s) parental responsibility and legal parenthood for the adopteda child[ren]. The Adoption Order will also extinguish of any person holding it prior to the Adoption Order, usually the biological parents. Once the Adoption Order has been made the child is in law treated as though he or she was born to the adoptive parents.
Can any child be adopted and who can adopt?
Children under the age of 18 can be adopted. A prospective adopter must be over the age of 21, domiciled in the British Isles and habitually resident in the UK for at least 12 months before starting the application process. Single individuals can adopt as can same sex or heterosexual couples. It is also possible for a step parent to adopt their step-child.
If I am considering adoption how can I find out more information?
Payne Hicks Beach has produced an Essential Guide to Modern Family which provides a detailed guide to the adoption process and can be downloaded for free by clicking here. This guide sets out in full the conditions for making an adoption order in England and Wales and the factors that the court will take into account when reaching their decision on whether or not to make an adoption order.
How can Payne Hicks Beach help me?
Payne Hicks Beach has a well-established Modern Families division led by Sarah Williams, a Partner in the Family Team. Sarah is an expert in adoption law and has been described as a “stand out individual” by the Legal 500. Sarah, ably assisted by Evelyn Collins, most recently acted in the reported case of Prospective Adopters v London Borough of Ealing(1), SK (2), NS (3) and E (by the Children’s Guardian AS) (4) [2023] EWFC 294. In this reported judgment Sarah and Evelyn acted for the prospective adopters in a case where the child’s birth parents opposed the making of the adoption order. Sarah and Evelyn were ultimately successful in obtaining an adoption order for our client’s in a complex and sensitive case. and delicate case where the birth parents relationship was marred by domestic abuse. The court determined that it was in the child’s best welfare interests to be adopted. The full anonymised judgment demonstrating the arguments that were put before the court can be read on the National Archives website and accessed by clicking here
If you are considering adoption and wish to seek legal advice on your particular circumstances please contact Sarah Williams, Head of Modern Family Law or Evelyn Collins, Associate in the Family Department or your usual contact in the Family Department or, alternatively, telephone on 020 7465 4300.
