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Trying to stop the adoption process

You may be able to get publicly funded legal advice and representation in court. A solicitor will be able to advise you.

You can try to stop the adoption up to the point where the prospective adopters apply for an adoption order. If you do this the adoption agency will have to apply to the court for a placement order. This grants permission to place your child for adoption with a new family.

• Find a solicitor through the Community Legal Service Directory Opens new window

Retaining your parental rights

Before a court can decide your child could be adopted by another family, one of the following must happen:

• you agree for the adoption to go ahead
• the court decides to go ahead without your agreement (where the parent or guardian can’t be found or is incapable of giving consent, or the welfare of the child requires the consent to be dispensed with)

The court will only go ahead with an adoption order without your agreement if they feel it is necessary. For example, if the court has concerns for the safety and well-being of your child. The court will send you the evidence they have been given and you should discuss it with your solicitor as soon as you can.

How the court will consider your views

The court will also ask an independent social worker agency (also known as a children's guardian) to visit you. Their job is to:

• safeguard your child's interests on behalf of the court – they will want to know why you do not want your child to be adopted
• report your views to the court – it is important for the court to know how you feel about your child's future

You can go to the court yourself if you want to explain why you are not willing to agree to your child's adoption. An adoption order can’t be made unless the court is sure that being adopted would be in your child's best interests. They will have to take account of your views in deciding this.

Maintaining contact with an adopted child

The adoption agency will be able to advise you about contact with your child. Ideally contact arrangements – letters, cards and in some cases meetings – can be agreed between all parties. However, these may need to change if the child’s circumstances and needs change. Where appropriate the child will be able to pass correspondence back to you via the agency to keep you informed of their progress and development.

Adoption by a birth parent’s partner, foster carer or relative

If you have parental responsibility for your child, you will be asked to give your consent to the adoption. If you do not wish to consent to the child’s adoption you should see your solicitor.

Fathers who were neither married to the child’s mother nor named on the birth certificate when the child’s birth was registered can apply to the court for a Parental Responsibility Order. This makes them legally recognised as the child’s father and gives them parental responsibility.

Useful contacts

• Parents contacts