Adoption involves the transferrrence of the rights duties and responsibilities of a biological parent to a prospective adopter.

In a recent case the Court of Appeal heard an important adoption case which potentially changes the way such cases will be dealt with in the future. It involved an application by a biological parent for permission to oppose an application for an adoption order brought by prospective adopters.

In considering whether to grant permission the court had to determine whether there had been a change in the parent's circumstances and whether it was in the best interests of the child for him to return to his parent's care.

The Court took the opportunity to criticise Local Authorities for failing to properly analyse cases involving the permanent removal of children through care and placement orders. Following on from earlier cases it said that the courts should consider all the options for placement in a holistic way and that adoption orders are draconian orders and should only be made as a last resort and when "nothing else will do"

The case has lead to an increasing number of birth parents opposing applications for adoption orders.

At Brearleys we can help you through this process if you are a prospective adopter having to deal with this situation. We can provide initial advice about the procedures and legal concepts involved right through to representation in court.

If you need any further information please contact Jane Leadbetter at our Birstall office on 01924 443900.