Adoption: FAQs

In this blog, we aim to answer some of the frequently asked questions about the adoption process for those who wish to adopt a child.

Am I too old to adopt?

No, there is no upper age limit to adopt. To adopt, you must be 21 years old or older. The natural parent must be older than 18 in order to adopt a child with a stepparent.

Can I adopt a person older than 18?

No. Before the child turns 18 years old, the court must receive the adoption petition.

Is marriage a requirement for adoption?

No. If you are in an "enduring family relationship," which is defined as a marriage, civil union, or cohabitation, you are eligible to be an adoptive parent. 

If I identify as LGBTQ+, can I still care for a child?

Yes. You are eligible to adopt regardless of your sexuality.

If I already have a child or children, can I still adopt?

Yes. The number of children you have does not affect your eligibility to adopt.

Does my eligibility to adopt depend on my income or employment?

The court must be convinced that the prospective adopter has the resources to support the kid and the ability to care before issuing an adoption order. There aren't any particular requirements, though.

If I have health conditions, may I still be an adoptive parent?

Adopting a kid does not necessitate that you be in good health. The court must be convinced, nevertheless, that your ability to be the parent to the adopted child is unaffected by any health issues.

Does the child have a say?

Yes, the child does have a say unless it is believed that the child is incapable of expressing an opinion (e.g. due to their young age). Both the adoption agency and the court must provide the kid with the chance to express their opinion and must take this into consideration while taking into account the child's age and maturity, assuming the child is capable of doing so. An Adoption Order cannot be made without the child's official consent if they are 12 years old or older.

Does the adoption require the approval of the child's biological parents?

Unless the court decides that their consent is not necessary, the answer is yes. In the scenario where the court does not look for approval, the court must be convinced that the biological parent is deceased, cannot be located, is incapable of giving consent, cannot adequately discharge their parental responsibilities or exercise their parental rights, does not have such responsibilities or rights, or that the child's welfare otherwise requires consent to be dispensed with.

After the adoption, would the child still be in contact with their birth parents?

The birth parents' legal tie with the kid ends once the adoption order is approved. The kid's biological parents may want post-adoption contact with the child, but the court will only grant this if it is thought to be in the child's best interests.

Call one of our knowledgeable family law solicitors if you have any questions about adoption.