If an Adoption Order has not yet been made, a birth parent may apply to the Court for permission to oppose it. The Court determines whether to grant this permission on a case-by-case basis. However, to be granted permission there must be a significant change in circumstances, and reconsidering the adoption must be the best thing for the child’s welfare. In all cases concerning children, the best interests of the children are the Court’s paramount consideration.
What is a significant change in circumstances?
The birth parent must be able to demonstrate that they have made sufficient positive changes since the Placement Order was granted. The Court will look for evidence of this change to determine whether the application to oppose the Adoption Order should be considered. Evidence of this significant change could include:
- Medical evidence that shows a notable period of abstinence from drugs and/or alcohol
- Stable housing
- Completion certificates of parenting courses/ self-help programmes
- Another child that has successfully remained in your care since
What if the Court grants permission?
If the birth parent is granted permission to oppose the Adoption Order, the Judge will list the matter for a contested hearing. You will be given the opportunity to explain why you wish to oppose the Adoption Order and demonstrate the changes that have been made. The Court must consider this information, along with the welfare checklist to ensure that decisions are being made in the best interest of the child and then balance the positives and negatives of each option.
How long do I have to challenge?
Technically, you can apply for permission to oppose the adoption at any point until the Adoption Order is granted. This is normally done when the notification is received from the Court that the Adoption Order is being sought. This allows the birth parent time to make the necessary changes and be able to evidence them.
Will I get Legal Aid?
Legal Aid to challenge an Adoption Order is means and merits tested. This means that to be eligible for legal aid you must meet the financial criteria and have a realistic chance of succeeding in your application. At Johnson Astills Solicitors we can determine whether you are eligible for Legal Aid and can discuss payment options with you.
How can Johnson Astills help?
Here at Johnson Astills, our Care Team have extensive experience representing birth parents throughout Social Care involvement, from Child Protection Conferences, all the way to opposing adoption orders. We offer clear and realistic advice, as well as representation at Court hearings.
If you would like to oppose an adoption order please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
