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- Adoption - consent of parents
Adoption - consent of parents
What if the child’s parents do not consent to the adoption?
If the child’s birth parents or guardian have not consented to the adoption and you are asking the court to dispense with their consent, the court will need to be satisfied that:
- the parent or guardian cannot be found, or is incapable of giving consent, or
- the welfare of the child requires that their consent be dispensed with.
You must set out on your application form which of these conditions applies. You will also need to attach a brief statement of the facts you are relying on in support of your request. This is known as a ‘Statement of Facts’. It should be signed by your solicitor, or by you (and the other applicant) if you do not have a solicitor.
The court will send a copy of the Statement of Facts to each parent or guardian of the child, so, if you intend to ask the court to keep your identity confidential, you should make certain that the statement does not include any information that could identify you, where you live, or where the child goes to school or nursery.
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- HM Courts Service
To adopt your wife's or husband's child or a relative who normally lives in the UK you will need to tell your local council that you plan to adopt at least three months before starting your adoption application with the court
In some cases a full adoption effected outside the UK will be recognised under UK law. A full adoption under the Convention and a full adoption effected in a country that is on the designated list will both be recognised under UK law, so there is no need to apply for an adoption order in respect of the child in the UK.
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Whether you are already involved in a lawsuit, or just considering getting help with a legal issue, you may have questions about working with a solicitor. Click through to find practical tips on choosing, meeting with, and hiring a solicitor - including information on fee agreements and expenses.