Adoption law

How Anthony Gold Solicitors can help with adoption law

We have extensive experience handling all aspects of adoption law, from straightforward cases to complex disputes. Our client-focused approach ensures that adoptive parents receive clear legal advice, strong representation, and unwavering support throughout the process.

We can assist with:

Step-parent adoptions – Helping partners and step-parents legally adopt their spouse’s or partner’s child.

Adopting within the family – Advising relatives, such as grandparents or other family members, on legally adopting a child.

Adoption following assisted reproduction – Ensuring individuals and couples understand their legal positions as in assisted reproduction parentage is not always automatically recognised International Adoption & recognition of overseas adoption – Advising on inter-country adoption laws

Our highly experienced adoption solicitors understand the emotional and legal complexities involved in adoption. Whether you need guidance on applying for an adoption order, dealing with consent issues, or navigating court proceedings, we are here to provide practical, expert support every step of the way.

What is adoption & how does It work?

Adoption is a legal process that permanently transfers parental rights and responsibilities from a child’s birth parents to their adoptive parents. Once an adoption order is granted, the adoptive parents become the child’s legal parents, and the birth parents no longer have any legal rights or obligations. The adopted child is treated in law as if they were born to the adoptive family, ensuring stability and security.

Adoption is a lifelong commitment, and the process ensures that every decision prioritises the child’s welfare. While many adoptions occur through local authority care placements, others involve step-parents, relatives, or private arrangements. In every case, the legal process is structured to ensure the child is placed in a safe, loving environment.

The legal adoption process

Adoption follows a strict legal process, ensuring that all necessary checks are completed and that the child’s long-term welfare is the priority. The journey varies depending on the circumstances, but the general steps include:

Step 1: Notifying the local authority (if required)

If you are adopting a child who is not placed by an adoption agency or local authority, you must notify the local authority at least three months before submitting your adoption application to the court. This allows social workers to assess the suitability of the adoption.

Step 2: Adoption assessment & social work report

An assessing social worker will be assigned to your case to carry out a detailed adoption assessment. This report includes:

Suitability checks on prospective adopters, including background and home environment assessments.

Medical evaluations to ensure adopters can meet the child’s needs.

Interviews with the adoptive family and references from personal contacts.

This report is submitted to the court as part of the adoption process.

Step 3: Filing an adoption petition

Once the assessment is complete, an adoption petition is lodged with the court, along with the social worker’s report and any additional documents supporting the application. This formal application requests the court to make an adoption order.

Step 4: Preliminary adoption panel hearing

A court hearing is usually scheduled six to eight weeks after the petition is filed. During this hearing:

The court reviews the application and supporting documents.

If necessary, birth parents and relevant family members receive a copy of the petition.

If the biological parents’ consent is required, they have 21 days to oppose the adoption.

Step 5: Role of the curator ad litem & reporting officer

The court appoints a Curator ad Litem and Reporting Officer, who is typically the same person. Their role is to:

Independently assess the child’s welfare.

Obtain any required consents from birth parents.

Investigate and report back to the court on the suitability of the adoption.

Step 6: Opposed vs. unopposed adoption applications

Unopposed Adoption Applications – If the birth parents agree to the adoption (or their consent is lawfully dispensed with), the court may grant the adoption order at the preliminary hearing.

Opposed Adoption Applications – If the birth parents object, they must submit a formal response. The court will then schedule further hearings, and in some cases, an evidential hearing where witnesses may give evidence.

Step 7: Granting the adoption order

If the court is satisfied that the adoption is in the child’s best interests, it will grant an adoption order, legally transferring parental rights to the adoptive parents. From this point, the adoptive parents have full legal responsibility, and the child is recognised as a permanent member of their family.

Adoption vs. fostering: Understanding the differences

Many people confuse adoption with fostering, but the two are legally and practically very different.

Adoption is a permanent legal process that transfers full parental rights and responsibilities to the adoptive parents. Once an adoption order is granted, the child is legally recognised as if they were born to the adoptive parents, and the birth parents lose all legal ties. Adoption provides lifelong security and stability for the child.

Fostering is usually a temporary arrangement where a child is placed with foster carers, either for a short period or long-term. However, parental responsibility often remains with the local authority and/or the birth parents. Foster care is not intended to be a permanent solution, though some children remain in long-term foster placements.

If you are unsure whether adoption or long-term fostering is the right route for your situation, Anthony Gold Solicitors can provide clear legal advice to help you understand your options.

Who can adopt? eligibility criteria

Adopting a child is a big commitment, and the law sets out clear criteria to ensure children are placed in safe and supportive families.

To be eligible to adopt, you must meet the following criteria:

Age requirement

You must be at least 21 years old to adopt in England and Wales. There is no upper age limit, but courts will consider your ability to care for a child into adulthood.

Relationship status

You can adopt as a single person, or jointly as a married couple, civil partners, or cohabiting partners in a long-term relationship. Same-sex couples are eligible to adopt.

Existing children

You can apply to adopt even if you already have children. However, social workers will assess how an adopted child would fit into your family.

Criminal record checks

Some past convictions will not automatically prevent you from adopting, but serious offences (such as crimes against children) will.

Financial & employment status

You do not need to have a certain level of income or be in employment to adopt, but you must show that you can provide a stable home.

Residency requirements

You must be domiciled in the UK or have lived in the UK for at least one year before applying to adopt.

Adopting as a step-parent?

For step-parent adoption, additional rules apply. If you are adopting your spouse or partner’s child, the court will consider:

The length and stability of your relationship.

Whether the child has a relationship with their other birth parent.

Whether the adoption is in the child’s best interests.

At Anthony Gold Solicitors, we guide prospective adoptive parents through the eligibility requirements, ensuring you meet the legal criteria before starting the process

The role of local authorities & adoption agencies

The local authority and adoption agencies play a critical role in assessing adoptive parents, ensuring that every child is placed in a safe and supportive home.

Adoption agency involvement

If you are adopting through an adoption agency, they will conduct a detailed assessment, including:

Interviews and home visits.

Background checks, medical assessments, and references.

Training and preparation courses.

Once approved, your details are matched with children needing adoption.

Local authority’s role in adoption

If you are adopting a child through a local authority placement, they will:

Assess and approve potential adopters.

Supervise the child’s placement before the adoption order is finalised.

Provide post-adoption support where needed.

If you are adopting a child who is already in your care, such as a step-child or relative, the local authority must be notified at least three months before applying for an adoption order.

Adoption assessment report

Whether you adopt through an agency or the local authority, a social worker will prepare an adoption assessment report, which includes:

The child’s background and current circumstances.

The suitability of the adoptive parents.

Recommendations on whether the adoption should proceed.

This report is submitted to the adoption panel and later used in court proceedings.

Considering adoption? Book a Free Consultation Call

At Anthony Gold Solicitors, we work closely with adoptive parents, ensuring you understand what to expect when dealing with social workers, local authorities, and adoption agencies. Our team can also help if you face challenges or delays during the assessment process.

If you are in the process of adoption or considering one and need legal assistance, please submit your enquiry at mail@anthonygold.co.uk or give call 020 7940 4060 and ask to speak to the Family Department.

At Anthony Gold Solicitors, we believe in full cost transparency. From the outset, we provide a detailed breakdown of fees, ensuring there are no unexpected surprises. Know more about our fees in matters of family and relationships .

Words from our clients

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You are in very capable hands with Anthony Gold. They are my family solicitor. We have been using them for years and will continue for years to come. They will not lead you on in anyway, very straight forward. I strongly believe that if they accept your claim, you will win your case.

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