Adoption Order Application - Procedure
| Author | Nasreen Pearce/Richard Budworth |
| Pages | 103-113 |
Chapter 9
Adoption Order Application – Procedure
INTRODUCTION
9.1 The procedure for an application for an adoption order is governed by FPR 2010, Pt 14. Additionally, the general rules which apply to all family proceedings and set out in Pts 1, 4 and 5 also apply. These relate to the court applying the overriding objective, the court’s management powers and duties and the general provisions and prescribed forms set out in Pt 5, which are outlined at paras 4.69–
4.81.
STARTING PROCEEDINGS
Who may apply?
9.2 Each of the applicant couple must have attained the age of 21, except the child’s parent who must be over 18. At least one of the applicants must be domiciled in the British Isles or have been habitually resident in a part of the British Isles for at least one year preceding the application. In the case of a sole applicant, the person must be over 21 years of age, must not be married or a civil partner, or must satisfy the court that the spouse or civil partner cannot be found, or is permanently separated, or is mentally or physically unable to apply. Alternatively, the applicant is the partner of a parent of the child to be adopted or parent of the child and the other parent is dead or cannot be found and the domicile or residency conditions referred to above are satisfied (for more details, see Chapter 2).
Who may be adopted?
9.3 The child to be adopted must be under the age of 18 when the application is issued and must have lived with the applicants for the relevant probationary
104 Adoption Law: A Practical Guide
period unless the court has given permission to apply (ACA 2002, s 46(6)) (see further Chapter 3).
Form of application
9.4 The application for an adoption order is made in Form A58. A serial number must be assigned to the person in whose favour the adoption order is to be made, to keep the applicant’s identity confidential. The child’s address should be omitted in the Form and given instead on Form A65 (Confidential Information) (FPR 2010, PD 5A Forms), which should then be filed. The court officer will ensure that any notice sent out to any of the parties to the application does not contain information which discloses or is likely to disclose the identity of the applicant, and the proceedings on the application will be conducted with a view to securing that the person is not seen by or made known to any party who is not already aware of the applicant’s identity except with the applicant’s consent (FPR 2010, r 14.2).
Documents to be filed with Form A58
9.5 The applicant must file three copies of the completed application form together with the documents listed in Form A58 and in particular:
▪ a certified copy of the full entry in the Register of Live Births that relates to the child or, where the child has been adopted, a certified copy of the entry in the Adopted Children Register;
▪ any written consent of the parent or guardian to the child being placed for adoption, and any notice of withdrawal of such consent;
▪ if the applicant is asking the court to dispense with the consent of any parent or guardian to the child being placed for adoption, a brief statement of the facts relied on in support of the request, and three copies of the statement (see paras 9.14–9.16);
▪ a copy of any placement order relating to the child;
▪ a copy of any final order relating to the child that has effect and a copy of any maintenance agreement or award relating to the child;
▪ if the applicant was party to the proceedings, a copy of any final order relating to full or half siblings of the child that has effect;
▪ a copy of the relevant certificate of marriage, civil partnership or decree of divorce or dissolution of civil partnership, or death, as the case may be;
▪ a medical report in respect of each applicant and the child, except in the case of agency adoption (see FPR 2010, r 14.12 and PD 14D);
▪ if the applicant’s name as entered on the application form differs from that on the applicant’s marriage or civil marriage certificate, any documentary evidence which explains the reasons for the difference.
Who should be made respondents?
9.6 FPR 2010, r 14.3 sets out the following persons who must be made respondents to the application:
▪ each parent who has parental responsibility for the child or guardian of the child unless that parent/guardian has given notice under ACA 2002, s 20(4)(a) that he/she does not wish to be informed of any application for an adoption order;
▪ any person in whose favour there is provision for contact;
▪ any adoption agency which has taken part at any stage in the arrangements for adoption of the child;
▪ any local authority or voluntary organisation which has parental responsibility for or is looking after or caring for the child;
▪ the child, where:
– the parent has been granted permission to oppose the application (ACA
2002, s 47(3) or (5));
– the child opposes the making of an adoption order;
– the children and family reporter so recommends and the recommendation is accepted by the court;
– the child is already an adopted child;
– any party to the proceedings or the child is opposed to the arrangements for allowing any person contact with the child, or the person not being allowed contact with the child after the making of the adoption order; – the application is for a Convention adoption order or an order under
ACA...
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