Adoption & Special Guardianship Orders

Adoption

Adopting a child is a major commitment and the decision should not be taken without very careful consideration including specialist legal advice.

When you adopt a child you become the child’s legal parent and they will usually take your surname. Upon the granting of an adoption order the child’s natural parents will no longer have any rights or responsibilities towards the child. It is very rare for an adoption order to be reversed once it has been granted.

To adopt, couples must be-:

• over 21 years of age
• assessed as being able to provide a loving, permanent, stable and caring home and be capable of caring for the child’s needs.

Couples applying for adoption orders can be married, step-parents, unmarried or in a civil partnership.

Special Guardianship Orders

A Special Guardianship Order (SGO) is an option available to provide children with stability and long-term security where adoption is not suitable.

An SGO appoints one or more people to be a child’s special guardian giving them parental responsibility for the child. Unlike adoption an SGO retains the link with the birth family and a Court can vary or end an SGO if circumstances change considerably.

The following can apply for an SGO, provided they are over 18 and not the child’s parent-:

• any guardian of the child

 

• a local authority foster parent with whom the child has lived for at least a year

 

• anyone with a residence order, with the consent of the local authority or the Court’s permission to apply

 

• anyone with whom the child has lived for three out of the last five years

 

For advice on adoption or SGOs please contact Clare Ellison (clareellison@hhlegal.co.uk) or Sinead Connolly (sineadconnolly@hhlegal.co.uk) on 0800 371 407.