Care Proceedings & Oppose Adoption Order

At the conclusion of Care Proceedings, the Judge may issue Final Care and Placement Orders for the child or children involved.

Care Orders grant the Local Authority shared parental responsibility for the child, alongside the parents and others who hold parental responsibility. This allows the Local Authority to take the child into their care.

Placement Orders provide the Local Authority the authority to place the child for adoption, including the ability to match the child with a suitable adoptive family.

Once a child under a Placement Order is placed with prospective adopters, they may apply for an Adoption Order after a waiting period of 10 weeks. An Adoption Order creates a legal relationship between the child and the adoptive parents, severing all legal ties between the child and the birth parents. This order is final and irreversible.

What Can Birth Parents Do?

If parents or those with parental responsibility experience a change in circumstances, they may apply under Section 47(7) of the Adoption and Children Act 2002 to seek permission to oppose the Adoption Order. Parents or those with parental responsibility cannot automatically oppose the adoption. They must first obtain ‘leave’ (permission) from the Court.

Parents will be notified by the Court when a prospective adopter applies for an Adoption Order. A hearing notice will also be issued, allowing parents the opportunity to attend if they wish to oppose the Adoption Order.

At this point, parents may instruct a solicitor to represent them. All parents and holders of parental responsibility are eligible for legal aid to oppose the Adoption Order.

The initial hearing is typically brief, where parents will confirm their request for permission to oppose. The Court will then schedule a further hearing to assess the situation.

The Legal Test for Opposition

The Court will consider whether to grant permission based on the two-stage test outlined in Re P (Adoption: Leave Provisions) [2007] EWCA Civ 616:

1. Has there been a sufficient change in circumstances?

2. Should the Court allow opposition to the adoption application?

To get permission to oppose the Adoption Order, parents need to show they have made sustained changes in their circumstances. These changes need to be sufficient to reopen consideration of the case. For example, if parents struggled with addiction during Care Proceedings, they would need to show they’ve since overcome these issues.

Examples of changes may include:

• Leaving an abusive relationship and engaging with support services.
• Securing stable housing.
• Engaging with mental health services.
• Attending parenting courses.

It’s crucial that these changes are not recent but have been sustained over time.

The Welfare Test

The child’s welfare is the paramount consideration. In deciding whether to grant leave to oppose an Adoption Order, the Court will apply the welfare test outlined in Section 47(5) of the Adoption and Children Act 2002:

• The child’s wishes and feelings, considering their age and understanding.
• The child’s specific needs.
• The potential impact of adoption on the child, considering the severance of ties with their birth family.
• The child’s background and characteristics.
• Any harm the child has experienced or is at risk of suffering.
• The child’s relationships with family members, prospective adopters, and others.

If the Judge determines both parts of the test are met, they may grant permission to oppose the Adoption Order.

Should permission be granted, further assessments may be made by the Court, and a Children’s Guardian may be appointed.

If permission is denied, a Final Hearing will be scheduled within 21 days to consider whether to grant the Adoption Order.

Legal Aid for Adoption Proceedings

Following changes in the law (Legal Aid, Sentencing and Punishment of Offenders Act 2012), individuals seeking leave to oppose an Adoption Order after 1 March 2023 can access non-means tested legal aid.

If you have received notice of an Adoption Order application, it’s essential you contact a solicitor promptly for advice and representation.