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Frequently Asked Questions

Questions about adoption - FJG Solicitors Colchester Essex UKMy children have been taken into care and Social Services say they will be adopted. Is there anything I can do to stop this?

Nothing can be done without your agreement or a court order, and you will have the opportunity of fighting the case in court. If there are care proceedings, you can get free Legal Aid by contacting a solicitor who specialises in children cases.

We have two children placed with us by Social Services with a view to adoption. The Social Worker is too busy to help, and tells us we should get on with the court application. How do we do this?

See this site for a detailed explanation of adoption court proceedings and what's involved. Your local Magistrates or County Court (under 'C' for court in the Phone Book) will provide the forms but they're a pig, and it might be better to get help from a solicitor first!

My children were made the subject of a full Care Order last year, and the judge approved Social Services' Care Plan for adoption. I have just been told there is an adoption hearing next week. What can I do?

Get help fast. It's often the case there is short notice of court hearings, although this may be a preliminary hearing rather than the final decision. If a Freeing Order has been made, the decision has been made already: if not, then a solicitor may be able to get Legal Aid to fight the case. Be warned, though, that if an adoption plan has already been approved, there may not be any defence.

We have been asked if we will adopt our nephew's two children in Hong Kong. How do we go about it?

There are lots of immigration requirements to look at, quite apart from the law on adoption. Hong Kong is a designated country so adoption in Hong Kong will be recognized here. You will have to prove that your nephew is unable to care for the child himself, for a start. Have a look at the DoH website for more details.

My ex-partner never paid a penny of maintenance for my son, who is now aged eleven. My new partner and I would like to adopt him. Is it right we have to get Social Services' permission?

Yes, any adoption application must be notified to Social Services, who will carry out a full investigation for the court, even if your ex-partner agrees to the adoption. You must be married to your new partner (an unmarried couple cannot adopt) and be able to prove that you have a stable and lasting relationship and that there will be positive benefits to your son from adoption.