It is increasingly common, in child care proceedings where adoption is the Local
Authority's plan, for an application to be made for an order freeing the child
for adoption there and then, thus resolving the issue of dispensing with
parental consent right away and not leaving it until 6-12 months later when the
adoption proceedings follow.
Such an order can only be made if the child has already been placed with
prospective adopters, or if the court is satisfied that the child will be so
placed. If the child is not placed with adopters within 6 months, then the Local
Authority must review the circumstances; if no Adoption Order is made within 12
months, the parents may apply for the freeing order to be revoked (cancelled),
but in fact cannot do so if the child is by then placed with adopters but the
adoption proceedings have simply been delayed.
If a Freeing Order is made, the parents may be invited to sign a declaration
saying they do not wish to be given any further information about the adoption.
If they do not do so, they must be told when the adoption order is made but have
no right to be heard in the adoption proceedings themselves.
Note that although technically a Magistrates Court has power as well as a
County Court to make a Freeing Order, it is standard practice to transfer any
child care case to the designated County Court if a freeing order is
contemplated.