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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6867
Experience:  Barrister at law
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I have a query regarding UK laws around adoptions - can you

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Hi; I have a query regarding UK laws around adoptions - can you assist?
JA: Where are you? It matters because laws vary by location.
Customer: UK (London) and the question is in relation to the child with dual Polich and UK passport
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nope

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

What is your question please?

Customer: replied 7 months ago.
Hi, My daughter (15 yo) is the UK and Polish citizen – we’ve both lived in the UK since 2011. Her mother (Polish citizen) has her parental rights limited by the Polish court and wasn’t in the picture for the past 14 years (we don’t even know where she lives). My current wife would like to adopt my daughter, however, going through Polish courts can be extremally difficult. I was wondering if, considering that we are all UK citizens and live in this country – we could go ahead with this process here, in the UK; what needs to be done to start it and how long would it take to get it done.

Of course. Yes my understanding is that you can achieve this through the UK system. You will need to have the documents from the Polish court translated as part of the application.

Potential adopters need to be assessed by the Local Authority, and the application to adopt is made with the assistance of the local authority's adoption team.

Assessments usually take around 2-3 months.

In the first instance you need to contact the Adoption team at your local council.

Can I clarify anything for you at this stage?

Customer: replied 7 months ago.
if her mother's parental rights are "limited" but not completely "removed" - would that create an issue during the process in the UK - i.e. in Poland we would first need to go through the formal "removal" and then you can go with the adoption. That is the reason why it takes so long.

The court has to dispense with the birth parent's permission to make the order in any adoption that goes through the UK courts - I cannot see why this would not still simply be the case even if the mother lives outside of the UK.

I hope this clarifies the point for you?

If so, please take a second to rate my response with 5 stars as this will credit me for my time.

Thanks and do let me know if you have further questions, follow ups are part of the service, even if you have already taken the time to rate for me.

Kind regards,

Peter

Customer: replied 7 months ago.
Do I understand your response right - would I need to seek my daughter's birth mother permission to proceed with this adoption? We don't even know where she lives and if we did - she most likely wouldn't be cooperative. . Is there any way around it?

No you've misunderstood my response - the court when making an adoption order dispenses with the birth parent's permission - i.e. makes the order against the birth parent's wishes. In these situations the birth parent would rarely cooperate, or give consent, or obvious reasons. So the court can overrule their rights and makes the adoption order, if it is in the best interests of the child, which in your case it should be clearly and demonstrably. I hope that clarifies things?

Customer: replied 7 months ago.
Thanks - 1) would I need a lawyer for such case 2) how long this case would take after being positive assessed by the Local Authority 3) Would my daughter need to testify?

1. You shouldn't need a lawyer, but if you do you can just appoint someone for the last stage - i.e. the final court hearing.

2. After assessment this would be a matter of weeks/ months depending on court availability once the court application has ben made.

3. Your daughter's views will be included in the adoption assessment so she would not need to speak in court.

Let me know if that has answered everything you need to know at this stage.

Customer: replied 7 months ago.
Who makes the Court Application - would this be handled by the Local Authority automatically after assessment or I need to go to the Court and apply?

The local authority will give guidance on the application process, but it would be you that applies. The form is here, for information.

https://www.gov.uk/government/publications/form-a58-application-for-an-adoption-order-section-46-adoption-and-children-act-2002

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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