Chapter 8 Key facts checklists

Adoption
  • Adoption ends the legal relationship between a child and their birth parents. The child is treated in almost all respects as the child of the adoptive parents.
  • Adoption proceedings are governed by the Adoption and Children Act 2002.
  • Adoption can be granted in respect of a person who has never married nor entered into a civil partnership. They must be under 19 years of age, although proceedings must start before their 18th birthday.
  • Adopters must be over 21 years old, but need only be over 18 if they are a natural parent of the child.
  • Adopters may be married couples, civil partners, unmarried couples, or a single person. One of a married couple can adopt in limited circumstances.
  • A local authority can place a child for adoption with prospective adopters. If the child’s parents or guardians do not consent to this, then a placement order is required which dispenses with parental consent.
  • The welfare of the child throughout their life must be the paramount consideration when an adoption agency or a court makes any decision affecting the child. This is different to the welfare principle in the Children Act 1989.
  • When dealing with an adoption application, the court must consider the available alternative orders—child arrangements order, parental responsibility, special guardianship order, no order—and must consider making an order for contact post adoption.
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