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Home > Law > Law glossary > Law glossary
adoption
Last modified: Thu Feb 23 16:37:37 2006
Under English law (AdoptionAct1976;
ChildrenAct1989),
an adoption order anulls all rights and responsibilities
of a child's original parents, and vests them in the adopters.
The child is then deemed to be the legitimate (see: Legitimacy)
child of the adopters; he or she has the same rights of
inheritance as any natural children the adopters may have.
Any person under the age of 18 is elligible for adoption, but
in practice most adoptions are of young children.
Adoption of female children is subject to the same regulations
as for males, with the exception that a single man may
not adopt a girl. Otherwise, a married couple -- domiciled in the UK (see: Domicile) --
may apply to adopt jointly, and anyone to adopt singly, subject to the
following requirements:
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at least one adopter is 25 years of age, or
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at least one adopter is over 21 years of age and related to the adoptee, or
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one adopter is a parent of the child. This last point deals with adoption of an illegitimate child by a parent and someone else.
Note that adoption by married couples is the
only form of joint adoption allowed in English law.
Adoption orders can be granted by most civil courts. Normally the order
will be granted if:
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the court is satsifed that the adopters are suitable, and
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the natural parents consent, or their consent can be dispensed with (if, for example, they have abandonned or neglected the child), and
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the spouse of a sole adopter consents.
On the whole the court will attempt to treat the needs of the child as the overriding
concern. The natural parents cannot `unreasonably' withold consent, but the court may
consider such factor as, for example, religious preference a `reasonable' case for
allowing the natural parents to withhold.
FamilyLaw
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