What is private adoption?
Private adoption, also known as “non-agency” adoption, is when a party can apply to the court to adopt a child. This often includes step-parents, and applications made by other relatives to the child where the Local Authority have not been involved.
How do I go about making an application for my step-daughter/son?
There are certain criteria that must be met in order to make an application to the court. For a step-parent, this involves them being at least the age of 21 and must have had the child in their home at all times for a period of 6 months preceding their application being made.
For other relatives, they also have to be at least the age of 21, and they will need to have had the child in their home for a period of not less than 3 years. The 3 year period does not have to be continuous, and can cover a total of 3 years , in a 5 year period preceding the necessary application.
If someone is seeking to make an application for an Adoption Order, notice of such intention to apply for the Order will need to be made to the Local Authority. This notice needs to be given at least 3 months, but no more than 2 years before the application. There is no specific form required.
The Local Authority will then have an obligation to investigate all relevant matters upon receipt of the notice, including the applicant’s suitability. A report will be prepared that will be made available to the court when the adoption application is considered.
The court process of an Adoption Order can be complex, and it is therefore important that legal advice is sought as early on in the process as possible, to ensure you are fully aware as to the steps to take through the process. We offer a free exploratory call so that we can match your specific needs with the right person in our family team. For more information, or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We are also proud to support Blue Light members and offer a discount on our initial fixed fee meeting.
