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Friday, 21 November 2008

Stopping the adoption process

If your child is in the process of being adopted and you don't want this to happen, it is important for you to get legal advice as soon as possible.

You may be able to get publicly funded legal advice and representation in court. A solicitor will be able to advise you.

Retaining your parental rights

One of two things must happen before a court can take away your rights as a parent, so that your child can be adopted; either you must agree, or the court must decide to go ahead without your agreement.

Each case is different, and the court will only go ahead with the making of an adoption order if they feel it is necessary. This could include, for example, where there are concerns for the safety of the child. The court will send you the evidence they have been given and you should discuss it with your solicitor as soon as you can.

The court will also ask an independent social worker agency (also known as a children's guardian) to visit you. Their job is to:

  • safeguard your child's interests on behalf of the court, so they will want to know why you do not want your child to be adopted
  • report your views to the court, because it is very important for the court to know how you feel about your child's future

You can go to the court yourself if you want to, to explain why you are not willing to agree to your child's adoption. An adoption order cannot be made unless the court is sure that being adopted would be in your child's best interests, and they will have to take account of your views in deciding this.

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