Family Rights Group | Kinship carers’ Forum

Posted: **Wed Nov 29, 2023 3:59 pm**

Hi,

My wife and I have SGO over a 10 years old child since 2018.
Both parents died in 2016 and we went to a very complex court case involving LA and grandmother. Eventually, 2 years fighting we got the SGO with no strings attached...
She is our daughter and she knows all her very sad story and we explained that she is not adopted but has a similar "process".
We would like to go for adoption. Is there anything that we need to consider? what would be the first septs?
Regards

Posted: **Wed Nov 29, 2023 4:23 pm**

I can do no better than to copy the reply from the advisor here to a similar question 6 years ago. I don't think anything has changed in the interim.

My name is Suzie, online adviser, at Family Rights Group.

I see from your post that you are concerned for the little girl for whom you have a special guardianship order to have a secure future in your care under an adoption order. I am sorry that things did not work out well with the birth mother.

In answer to your question as to whether you can adopt whilst having a special guardianship order, the short answer is yes but there are legal requirements that have to be satisfied in order to make an application for adoption.

Firstly, there is a requirement that the child must have live with the applicant(s) for a period of 3 years. If this is not satisfied, it is possible to seek leave (i.e. permission) from the court to make the application.

Secondly, you will need to give notice to the local authority area in which you live. This is referred to as a section 44 notice of intention to adopt. Once notice is given to the local authority they will need to carry out an investigation and prepare a report to the court. Adoption cases are dealt with under the Adoption and Children Act 2002 (ACA 2002).

As you are a special guardian and already in touch with the local authority regarding the little girl in your care, it might be appropriate to have a discussion with the local children services department about your intention to apply for an adoption order before giving formal notice of intention. As you are not related to the child it may be seen as the next step to secure a stable future for her.

You will need to be mindful that the child’s parents will be respondents to the application and can oppose the application for an adoption order. The court will be concerned with the welfare of the child and her best interests in reaching a decision. The court process could be lengthy depending on whether the parents are opposed to your application or not.

Adoption will mean for the child and the parents that all legal ties are removed. The parents will lose parental responsibility and she will be legally your child if the order is made. As birth parents, they could see to have contact but that will depend on what you are prepared to agree and whether the court consider it to be in the child’s interest.

You may not be eligible for legal aid to make the application for leave or for adoption.

The information I have given here is an overview of what you can expect but there is more in respect of the court process itself and I suggest that you contact CoramBaaf who will be able to give you more information about adoption 0300 222 5775. Alternatively, you could telephone First4Adoption on 0300 222 0022 who can also give you further information about adoption.

I hope this is helpful.

Best wishes

Suzie

As both parents are deceased, the bit about breaking parental ties is irrelevant.

I suspect the process will be straightforward provided that is the child's express wish, and the social workers agree. The need to get a permanent sense of belonging to these children can be very powerful.

Good luck.

Posted: **Mon Dec 04, 2023 3:22 pm**

What will be the legal implications since maternal grandparents are still alive?

Posted: **Thu Dec 07, 2023 4:33 pm**

Dear lumiru

Welcome back to the kinship carers’ discussion board. Thank you for your two posts.

You have already had a helpful response from another kinship carer. He has posted a link to a similar query which addresses some of the issues you have raised. He has also explained that as both parents are deceased the issue of breaking parental ties does not apply. There are also no living parents to be respondents to your application.

One factor to remember is that adoption also severs the legal link to the rest of the child’s birth family including maternal grandparents. I understand that you have experienced some difficulties in the past around contact with the maternal grandmother. You don’t say what the current arrangement is for them to have contact. The court would consider the implications on the child’s link to their wider family when deciding whether or not adoption is in the child’s best interests. The court can consider applications for contact post-adoption. The court also follows the ‘no order’ principle so will only make an order if it is necessary for the child.

As you already have parental responsibility for the child under a Special Guardianship Order, I believe this would be considered a non-agency adoption which is not an area that we advise on. The child has lived with you for more than three years so you fulfil the residence criteria. Child Law Advice provides fuller advice about this which you can find here . You can also call or email them via these links. The information provided by Child Law Advice also helpfully explains the role of a social worker in non-agency adoption applications. The child’s views will be sought as part of this.

You can also get legal advice from a solicitor if you wish. Please see links to legal advice here.

I hope this has been helpful.

If you have any queries about children’s services then please post again. If you prefer, you can call our freephone advice line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm (except bank holidays). And we have an advice enquiry form and a webchat.

I hope that everything works out.

Best wishes

Suzie

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