The adoption legal process

Adoption is a significant legal process that permanently transfers parental responsibility to adoptive parents, making the child a full and cherished member of their new family. Whether you’re adopting a child already in care, pursuing stepchild adoption, or navigating a contested case, having an experienced solicitor by your side is vital to keep everything on track and as stress-free as possible.

The surrogacy process

Surrogacy is the process by which a woman carries and gives birth to a baby on behalf of another individual or couple, known as the intended parents. There are two main types of surrogacy:

  • Traditional (or genetic) surrogacy: The surrogate’s own egg is fertilised using the intended father’s sperm or donor sperm. The surrogate is genetically related to the child.
  • Gestational (or host) surrogacy: An embryo created using the gametes (eggs or sperm) of the intended parents, or donors, is implanted into the surrogate. The surrogate has no genetic connection to the child.

Under English law, the woman who gives birth to a child is always recognised as the child’s legal mother, regardless of whether she is the genetic mother (as in gestational surrogacy). If the surrogate is married, her spouse is considered the legal father unless legal steps are taken to change this.

Surrogacy agreements in the UK are not legally enforceable, which can make navigating disputes or uncertainties challenging. This is why having experienced legal support is crucial.

We can guide you through the whole process and address any disputes between intended parents and surrogates that may arise.

How we can help

Our specialist solicitors are here to guide you through each step of the adoption or surrogacy process. Whatever your circumstances, we’re here to help you take each step confidently. Adoption and surrogacy can be complex, but with the right legal support, it doesn’t have to be daunting.

 Contact us today to schedule your initial consultation.

Frequently asked questions

How can an adoption solicitor help me?

Here’s how our adoption solicitors can help you:

  • Making sense of adoption laws: Adoption rules and regulations can feel overwhelming, but we’ll break them down into clear, straightforward terms, so you always know what to expect.
  • Guiding you through placement orders: A placement order allows a local authority to place a child with prospective adoptive parents. It’s a key milestone in the adoption process and is granted when the court determines that adoption is in the child’s best interests. If a placement order is needed, we’ll handle the process with care and efficiency, ensuring nothing is overlooked.
  • Managing contested adoptions: If birth parents are contesting the adoption, we’ll provide expert representation to protect your interests and navigate this sensitive situation.
  • Stepchild adoption made simple: Looking to adopt your partner’s child? We’ll guide you through applying for an adoption order and securing legal recognition for your family.

How does adoption work?

Adoption is the process that allows a child to become a permanent and legal member of their adoptive family. It involves applying for an adoption order, which transfers full parental responsibility from the birth parents to the adoptive parents. This process often includes working with social services, obtaining a placement order (if needed), and attending court hearings to finalise everything.

How long does the adoption process take in the UK?

The adoption process typically takes anywhere from 6 to 12 months, but this can vary depending on the circumstances. For example, contested adoptions or delays with placement orders might extend the timeline. Rest assured, we’ll keep things moving as smoothly and efficiently as possible.

How do I adopt a stepchild?

To adopt a stepchild, you’ll need to apply for an adoption order to become their legal parent. Usually, this process requires the consent of the child’s other biological parent. If they don’t give their consent, the court may decide whether their permission is necessary based on the child’s best interests. We’re here to help you navigate this process every step of the way.

How much does it cost to adopt a child?

Adopting through a local authority is usually free. However, for private adoptions or stepchild adoptions, there may be costs involved, such as court fees and solicitor fees. We offer clear and transparent pricing, so you’ll always know what to expect.

What is family mediation, and how does it help with adoption?

Family mediation is a process where an impartial third party helps families resolve disputes in a calm and constructive way. While it’s not required for adoption, mediation can be invaluable in contested cases. It can help resolve conflicts and reach agreements without the need for prolonged court proceedings, making the process less stressful for everyone involved.

Is surrogacy legal in the UK?

Yes, surrogacy is legal in the UK. However, commercial surrogacy (where the surrogate is paid beyond reasonable expenses) is prohibited. Surrogacy agreements are not legally binding, making legal advice essential.

What are the stages of the surrogacy process?

We can guide you through the whole process and address any disputes between intended parents and surrogates that may arise:

  • Matching with a surrogate: This can happen through surrogacy agencies or private arrangements.
  • Creating and advising on a surrogacy agreement: While not legally enforceable in the UK, this agreement outlines the intentions and expectations of all parties.
  • Conception and pregnancy: Conception typically occurs via artificial insemination or IVF.
  • Applying for Parental Orders to establish legal parentage for intended parent: After the birth, intended parents must apply for a Parental Order. This process legally transfers parental rights and responsibilities from the surrogate (and her spouse, if applicable) to the intended parents. We can guide you through the application process, ensuring all requirements are met and your parental rights are secured.

 

 

How much does surrogacy cost in the UK?

The cost of surrogacy varies depending on factors such as IVF expenses, medical fees, and reasonable expenses for the surrogate. Costs can range from £20,000 to £50,000 or more. Our team can provide advice on managing these costs.

What is a Parental Order?

A Parental Order is a legal document that transfers parental rights from the surrogate to the intended parents. It is necessary for the intended parents to be recognised as the legal parents in the UK.

Why is legal advice important for surrogacy?

Surrogacy involves intricate legal requirements, especially regarding Parental Orders and agreements. Legal advice ensures compliance with UK laws and safeguards your rights throughout the process.

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