It has been over a month now since the BBC aired their Panorama special on the little known world of the family courts and the adoption of children. Much has been debated about the birth parents but few have stopped to think about the adoptive parents. What are their rights?
This post will look broadly at the legal rights of adoptive parents:
Adoption Rights
Adoption is not only a loving process that matches children with safe and happy new homes and families – it’s also a legal procedure. When a child is adopted all parents responsibilities and rights are transferred to the adoptive parents or guardian. When an adoption becomes legal the birth family has no rights to the child.
The adoption process is permanent and a new birth certificate will be issued from the Adopted Children Register. In many cases birth parents do not have any say in the adoption.
The Adoption Process
All adoptive families must go through an assessment process and be approved by a UK adoption policy – it is illegal not to unless you are a close relative to the child.
After the assessment and a placement has been made a child must live with an adoptive family for at least 10 weeks before an adoptive order can be applied for from the courts. This can take up to a year however to make the adoption final and legal.
If you would like to learn more about the adoption process then check out our previous post on how long the adoption process takes.
Recent Updates
Over the last decade or so adoption legislation in England and Wales has seen some big changes. These were made to make sure that the process is up-to-date and meets the needs of the children going through the adoption process, while minimising any unnecessary delays.
The Adoption and Children Act 2002 was put into Wales and England at the end of 2005. It changed the law so that unmarried and same sex couples can adopt with the same rights as a married heterosexual couple. This act brought greater adoption support and introduced a performance order or special guardianship for those whom adoption may not be the best answer.
Entitlements
When an adoptive child comes to live with you it is recommended that at least one member of the adoptive family takes up to a 6 months break from work while the child settles in. But don’t worry about money! Since 2007 most families who have adopted a child are entitled to up to 39 weeks of statutory adoption pay (SAP) from their employer. You can take up to a year off if you like but this won’t be paid.
If you are a ‘supporting’ partner of someone who has adopted a child then you are legally entitled to take your own period of leave. This will be funded by ordinary statutory paternity pay or OSPP and two weeks of paternity leave can be taken up to 56 days after the placement.
If you adopt a child who is disabled then you are also entitled to take up to 18 weeks of unpaid leave anytime up until the child turns 18. Do your research as rules may differ if the child was placed before the millennium.
If your adoptive child is below the age of 6 years old then you may also be entitled to flexible working hours.
Do you feel more informed about your adoption rights now? If you have any specific questions about your legal rights then get in touch!