An application for adoption can be made either to a County Court or a
Magistrates Court for the area in which the child is living. If the child is not
in this country at the time of the application, it must be made to the High
Court. If there have been any previous court cases (eg care proceedings) then
the application should be made to the court which dealt with them last.
Non-relative adopters will probably wish to take advantage of the serial
number process, but secrecy cannot be guaranteed: see confidentiality
The procedure is fairly simple, but takes months, often stretching on for no
apparent reason - though usually this is while the investigation process is
taking place. Unlike most court cases, neither side has any real knowledge of
the other - which adds to the confusion.
Meanwhile, a lot depends on whether the birth parents give their consent or
not to the adoption. If they do, then that needs to be checked and everybody
waits for the social work assessment (called a "Schedule 2 report"). More often,
the birth parents do not consent, but do not actively oppose. In that case, the
procedure runs as below, although subject to several variations! Meanwhile, the
recent popularity of Freeing Orders is making the procedure quicker because the
parents' consent is dispensed with at an earlier stage.
1. Adopters complete and file Application Form
This is not an easy form to understand, and although many will boldly attempt
it unaided, it does merit legal help. Many adoptions have been delayed by
mistakes over this form.
2. Court appoints Reporting Officer
If it appears from the form that the birth parent(s) will likely consent to
the adoption, the Court appoints a Reporting Officer (independent welfare
officer) to visit them, check that they understand what they are doing, and then
witness the consent.
3. Social Services file Schedule 2 Report
This report, prepared by the adoption agency social worker, which covers
enormous detail about the adopters, the children's views, and a lot of case
background. The report is confidential, and so often is only read by the judge
who may release it to the adopters only if they have a solicitor who may himself
be required to pass on salient points only. It is never released to the birth
parents, who will therefore not know if there are problems over the adoption
itself (and probably should know).
4. Reporting Officer reports that the birth parent is not going to consent
after all. Court re-designates Reporting Officer as Child's Guardian (used to be
called a Guardian ad Litem).
Here begins a lengthy investigation into the background and the grounds for
dispensing with the birth parent's consent. Normally, the Child's Guardian will
have been the Guardian for the child during the care proceedings if there were
such. If there were no previous proceedings (eg a private fostering arrangement
or step-parent application) this gets complicated. The Guardian may decide to
appoint her own solicitor as well.
5. Adopters required to file Statement of Facts
It's at this point that no adopter should continue without legal advice and
representation, preferably from a Children Panel solicitor. If it was known at
the outset that the birth parents were unlikely to consent, then the Statement
of Facts should have been prepared and filed with the Adoption Application. If a
solicitor is instructed then he/she will obtain the Local Authority's file
regarding the care proceedings and can then prepare the document setting out the
grounds for dispensing with the birth parents' consent.
6. Guardian files report. Court fixes Directions Appointment.
The Guardian's report will be crucial information for the court. It may well
be released to adopters and birth parents only through solicitors and then maybe
in part only. In many case, especially where there was a Care Order and an
approved adoption plan at that time, the Guardian's report may seem a foregone
conclusion, but the law on dispensing with consent is not the same as the
Children Act which governs care proceedings, and so developments since the Care
Order may have additional relevance. Usually, as soon as the Guardian's report
is filed, the resident judge will read the report and summon all parties to
court to decide the procedure (in particular for filing evidence) up to the
final hearing.
7. Final Hearing
The judge will usually have directed that the final hearing is in two
separate stages, the first dealing with the issue of dispensing with the birth
family's refusal to consent; the second, if of course consent is dispensed with,
concerning the adoption itself. By now the applicants should be aware of any
specific problems facing the adoption, and this is crucial because the children
will be well aware that an application has been made and of the court hearing
itself, because (unlike in many children cases) the law requires that the
children should be present.
There are a few cases where the outcome could not be predicted. In many,
however, the birth parents feel unable to consent to adoption but do not
seriously contest it. There may be last-minute attempts to preserve some form of
contact.
If the adoption order is to be made, it will be in front of the children.
Some judges address a small homily at this stage, others are happy to invite
photographs or celebrations in or outside the court building, recognising that
for the children, this can be a momentous occasion.