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Freeing for Adoption

Adoption and Family Law at  FJG Solicitors Colchester Essex UKIt 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.