Family Court and the Adoption Process

If you are adopting a child, it is important to consider the process and stages involved in the Family Court. The Family Court is a specialist court for all types of family related proceedings such as the adoption, care, contact and residence of children.

Adoption Orders

An adoption order removes parental responsibility from birth parents and/or guardians and transfers it to the adoptive parent(s). The child's welfare and wishes are paramount in any decision-making process. A number of conditions can be attached to an adoption order, which can be anything from schooling, to regular contact with a birth parent.

Application Process

Your application for an adoption order must be started in a Family Proceedings Court (FPC), which is a magistrates' court. If however, the application involves complex issues, it may be transferred from there to an Adoption Centre. Adoption Centres are specialist county courts with adoption-experienced staff. The adoption process may be started in the High Court if the child is not in Britain at the time the application is made.

If there is already a court order relating to the child, it may be convenient to start the adoption application in the earlier court (only if it is an adoption centre).

Consent

The court requires that the person(s) with parental responsibility consent to the adoption. This must be declared in the application along with a 'Statement of Facts' setting out the brief details of consent and signed by a solicitor or yourself. If however, the adoption is not consented to, you must give good reason as to why the court should dispense with their consent if in the best interests of the child. A copy of the statement is sent to each parent and guardian of the child. Should you wish for your identity to remain confidential, you should contact the court.

Documentation and Fees

An adoption order application must be accompanied by supporting documentation and the required fee. Details of fees can be found in the 'EX50; Civil and Family Court Fees' information leaflet on Her Majesty's Court Service homepage. The originating summons (if in the High Court), originating application (County Court) or Form 6 Adoption form (Magistrates' Court) must be submitted plus the following documents:

• The child's birth certificate or certificate of previous adoption.
• A medical report on the applicant(s) and child.
• The adoption agency's report (if required).
• Any documents to prove parental consent or copy of any placement order.
• The applicants' marriage certificate or divorce papers (if applicable).

Court Process

Once the application has been issued, the court will give directions as to the next steps of the adoption, depending on the detail and circumstances documented in the application. The court is likely to order one of the following options:

• The court may ask for an officer from the Children and Family Court Advisory Support Service (CAFCASS) to be appointed to act as a children's guardian, a children and family reporter or a reporting officer;
• A report will be prepared by the Local Authority or Adoption Agency detailing the child, the family and those with parental responsibility, background etc to aid the court;
• First directions hearing

CAFCASS

A children's guardian represents the child at court and provides a report of what they believe to be in the child's best interests. A children and family reporter may be appointed by the court to make any necessary inquires and prepare a report on the welfare of the child. A reporting officer is appointed if the parent or guardian has consented to adoption and is present whilst the parent signs consent forms. If consent is not given, the reporter must attend court to explain why. All three officers (or it may be the same person) are required to aid the court with any information useful to the application.

First Directions Hearing

A first directions hearing takes place approximately four weeks after the application has been received. Details of the hearing will be sent to all parties. The court will consider the application and make directions about matters, such as the timetable for filing reports; correction of documents; contested issues; additional parties; further directions; and if possible, the date and place for the final hearing.

Final Hearing

If the court decides to make an adoption order, they will do so at the final hearing. A copy of the order explaining what directions have been made is sent to the parties. Finally, the court will continue to monitor the progress of the case to make certain that all directions are complied with.

For more information you should contact a solicitor or Social Services who can provide you with advice and support on how to apply for an adoption order.