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Adoption Orders are made every day in the UK but is it possible to overturn an order.
UK Adoption Orders
Unlike America and other countries it is not possible to overturn an Adoption Order made in the United Kingdom. Under earlier and the current Adoption Act, the granting of an Adoption Order automatically takes parental responsibility from the birth parent and transfers it to the adoptive parents permanently. This decision is irreversible and courts expect that thorough and exhaustive investigations have been made in respect to the child before the parties present themselves to the Court. During the court hearing the Judge will expect evidence to be given by professionals and others involved with child in respect to the making or not of an Adoption Order.
In cases where birth parents are opposed to the making of an Adoption Order, the court takes the view that they have access to legal representation and if applicable legal aid and therefore are able to present arguments why an order should not be granted at a formal and final hearing.
Where birth parents cannot be found the court will issue a formal notice to, for example last known addresses and relies upon the report of a child focused court appointed officer to outline their investigations to find the birth parent. During the court hearing if convinced that every effort has been made to contact the parent then the Judge can take the decision to dispense with the birth parent’s consent. However, if not satisfied that sufficient efforts have been made then the Judge may adjourn the hearing for further investigations.
Dispensing with a birth parent’s consent is considered by the courts to be a very serious issue and problems often arise in cases of inter country adoption in particular, when birth parents do not have access to the court’s formal consent forms and in many circumstances cannot be traced once the child leaves the country. In cases where the court has serious concerns then a court official or member of the International Social Services will be asked to visit the birth country in an attempt to trace the birth parent. However once the court dispenses with the consent of a missing parent and grants the Adoption Order, the birth parent is not able to appeal the order even if they were not aware of the court hearing.
In circumstance where an adoption breaks down or for example where both adopted parents die it is not automatic that children will be returned to the birth parent. In such situations the child is likely to be received into the care of the local authority and if necessary the case is returned to the family court to secure an order granting the local authority parental responsibility to enable them to determine the child’s future placement. The local authority are likely to make enquiries of the birth family but if the removal of the child was as a consequence of abuse then future placement with the birth parent will involve a number of professional assessments. Throughout this process the local authority need to consider whether it is within the best interest of the child to return to the birth family or to be placed with long term foster carers or potential adopters.
Although the lack of an appeal process in the UK may seem unfair to birth parents it does provide the child and the adopters with an element of security both in the long and short term.
