Adoption Advice

Consent For Adoption

What is Consent for Adoption?

Consent for Adoption or ‘Placement by Consent’ is the agreement from a parent or guardian for a child to be placed into adoption.

An Adoption Order means that the child has all their legal ties to their birth family cut. Parental responsibility is transferred to the child’s new family, and assuming all rights and responsibilities as if they were born from their new adoptive parents, the child can even change their name.

Can the Consent for Adoption be withdrawn?

If a parent or guardian changes their mind about their child’s placement for adoption then the consent can be withdrawn at any time up to and until an Adoption Order is made. Once an Adoption Order is made the parent/guardian will lose their parental responsibility for the child.

What is the process?

A parent/guardian needs to complete a consent form, confirming they consent to their child being adopted and the circumstances surrounding the case. This is then witnessed by a CAFCASS Officer (The Children and Family Courts Advisory and Support Services). It is important at this stage that you talk to Social Services about your situation, it may be that a Care Order can be explored rather than adoption; it is also useful to seek legal advice at this stage.

When can a parent/guardian not place their child for adoption?

Mothers cannot submit an application within the first six weeks of a child being born.

When is consent for adoption not required from a parent or guardian?

Consent for adoption from the parent/guardian is not necessary if:

  • The parent / guardian cannot be found or is incapable of giving their agreement e.g. if they are mentally disabled
  • The welfare of the child outweighs the rights of the birth parents

In these circumstances only the Local Authorities can apply for a Placement Order.

Ringrose Can Help

For further information and advice contact the Ringrose Law Children Department in Boston, Grantham, Lincoln, Sleaford and Newark.

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    Costa KyriacouPartner & Head of Children Law
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    01522 561044
    Laura HamiltonSolicitor, Children Law
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    01522 561020
    Sehrish HussainSolicitor - Children Law
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    01522 561031
    Charley CookTrainee Legal Executive, Children Law
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    01205 311511
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      General enquiries: 0333 3580 393Your local office: NewarkGranthamSleafordBostonLincoln