Care Proceedings and Adoption Solicitors
Contesting adoption is possible depending on the circumstances, but these matters are very complicated, so it is essential to seek expert advice as soon as possible.
If you wish to contest an adoption or need to respond to a contested adoption, our sensitive, expert team can support and guide you.
At WSP Solicitors, we can offer clear, practical support for contested adoption proceedings. Whether you are a birth parent or prospective adopted parent, we can help you to understand your rights and explore your options.
Our experts in care proceedings and adoption can advise on matters including:
To discuss contesting an adoption or responding to a contested adoption with our expert team, please contact your local WSP Solicitors office in Gloucester or Stroud.
If you have a quick question or would like to request a call back, you can also use our simple online enquiry form.
As the birth mother of a child, you will automatically have legal parental responsibility for the child, unless this has been removed (e.g. by an adoption order that has already been made).
Parental responsibility does not give you an automatic right to contest an adoption order, but it does mean you may be able to ask the court for permission to appeal or revoke (end) the placement order. You may also be able to ask the court to not make an adoption order. We can give you advice about your options, support you to make a decision, explain the process and help you to discuss and negotiate with the other people involved, if appropriate.
As a birth father you may have parental responsibility for your child, but this is not always the case. If you were not married to the birth mother or in a civil partnership with her and your name was not on the birth certificate, then you may not have legal parental responsibility.
If you do not have parental responsibility, you would need to secure this before you would be able to apply to a court for permission to contest an adoption.
Parental responsibility does not give you an automatic right to contest an adoption order, but it does mean you may be able to ask the court for permission to appeal or revoke (end) the placement order. You may also be able to ask the court to not make an adoption order. We can give you advice about your options, support you to make a decision, explain the process and help you to discuss and negotiate with the other people involved, if appropriate.
As a same-sex parent you may have parental responsibility for your child, but this is not always the case:
If you do not have parental responsibility, you would need to secure this before you would be able to apply to a court for permission to contest an adoption.
Parental responsibility does not give you an automatic right to contest an adoption order, but it does mean you may be able to ask the court for permission to appeal or end (revoke) the placement order. You may also be able to ask the court to not make an adoption order. We can give you advice about your options, support you to make a decision, explain the process and help you to discuss and negotiate with the other people involved, if appropriate.
If you have applied for an adoption order and this has been contested, you have various options. In some circumstances, it may be possible to negotiate with whoever has opposed the adoption order (e.g. the birth parents) to resolve the matter. For example, to agree some form of contact with the birth parents or siblings – whether by letter, calls, or in person. We can give you advice about the options, support you to make a decision, explain the process and help you to discuss and negotiate with the other people involved, if appropriate.
A contested adoption is where a child has been placed with an individual or couple who wish to adopt the child and they have applied to a court for an adoption order, but the birth parents are seeking to contest the adoption.
If the decision to place a child for adoption is voluntary, then anyone with parental responsibility for a child will normally need to agree to the adoption. This will always include the birth mother and almost always includes the birth father or second parent.
If your child has been removed from your care by social services following care proceedings and is now placed for adoption, then either:
The placement order allows your child can be placed in a prospective adoption placement. Once an application to court is later made for an adoption order, the court has to again consider whether the parents consent to the adoption. If the parents consent, then the order can be made. If the parents do not consent, the court has to consider whether to dispense with their consent and make the order.
The court can only make placement or adoption orders without a parent’s consent where either:
If your child has been placed in someone else’s care through a placement order, then you can potentially oppose the order, but you would need to have strong grounds for doing so. Reasons you might be able to successfully have a placement order revoked include where the proper process was not followed when the order was made and where you can demonstrate a significant change in your circumstances since the order was made.
An important point to understand is that parents do not have an automatic legal right to contest an adoption order. A parent who has parental responsibility can apply to a court for permission to contest the adoption order.
A court will normally only grant parents the right to contest an adoption order if they can show that their circumstances have significantly changed since the child originally left their care. This is true both where the parents originally gave the child up for adoption voluntarily and where the child was taken from the parents as a result of care proceedings.
If the court granted permission for the parent or parents to contest the adoption order, then a date will be set for a hearing. The court will look at the whole situation and consider the child’s welfare as its top priority. The court would then decide whether to grant the adoption order or not.
If the court refuses permission for the parent or parents to contest the adoption, they may have the right to appeal this decision.
All of these decisions are legally complex. Often there are strict deadlines. We would strongly recommend that any parent considering contesting an adoption seeks legal advice to help them understand and navigate this process.
Once an adoption order has been granted, the child’s birth parents may potentially have the option to make an appeal and have the order overturned. It is possible an adoption order may be overturned where the birth parents believe the proper legal process was not followed or where they were unfairly pressured or coerced into agreeing to the adoption.
Making an appeal against an adoption order is not straightforward and there is a very high bar set by the courts in order for an appeal to succeed. Successful appeals are rare. There are also short time limits. It is therefore really important to have the best possible legal advice and support when considering an appeal.
An adoption order makes the adoptive parents the legal parents of a child. They gain parental responsibility for the child.
The legal ties between the child and their birth family come to an end. This includes ending the parental responsibility of anyone who previously held it, such as the child’s birth parents.
There are wide-ranging implications for the child, throughout their life. Our team can discuss all of the legal implications with you.
A contested adoption hearing is a court hearing held to determine whether an adoption order should be granted. The hearing will be presided over by a judge and the different people involved will be able to present their evidence. The court will look at the whole situation and consider the child’s welfare as its top priority. The court would then decide whether to grant the adoption order or not.
The Adoption and Children Act 2002 updated adoption law in England and Wales to allow unmarried people and same-sex couples to adopt children. The Act also introduced the concept of ‘special guardianship’ which allows someone to take over parental responsibility for a child without severing the legal link with their existing parents.
Managing Director Judi Bonham has over 20 years of experience specialising in all areas of family law, helping clients to navigate this often distressing and emotional time. As part of the family law team, Judi is also a member of the Law Society Family Law and Children Law Panels and has undergone training as a collaborative lawyer with Resolution. Judi is well known for her professional and understanding approach.
Board Director/ Head of Children & Care Law Camella Cephas is an accredited member of the law society’s children panel, specialising in Children law. She has years of experience advocating for the rights of children in a wide range of both private and public cases. She also has extensive experience in dealing with more complex legal issues, such as international and sexual abuse cases. Camella takes a pragmatic and empathetic approach to each case, working with clients to attain optimum results.
Associate Solicitor Lydia Andrews has been advising families in some of the most complex and challenging situations involving children for many years. As such, she has the expertise to ensure your rights and those of your children are clear and that they are protected.
Dealing with any dispute involving children can be extremely tough, so we know how important it is to have the right people in your corner. We are not just here to support you legally, but also personally through this difficult time. Our people will listen to you and work closely with you, making sure you fully understand your options and what is happening at all times.
The cost of getting legal support can be daunting, so we make sure to be completely transparent about our fees and any other likely costs you may encounter. We will keep you regularly updated about costs with all expenditure agreed in advance. We can also consider whether you are eligible for legal aid and set up funding for you if you are.
To discuss contesting an adoption or responding to a contested adoption with our expert team, please contact your local WSP Solicitors office in Gloucester or Stroud.
If you have a quick question or would like to request a call back, you can also use our simple online enquiry form.
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WSP Solicitors welcome Camella Cephas to the firm
Camella Cephas has joined WSP Solicitors as a Solicitor in our Family Team. She will be based in our Stroud office. Camella qualified as a solicitor in 2011 having completed...
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