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Adoption

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Relinquishing a baby for adoption, or abandoning - some legal questions

7 replies

namechangingforanonymity · 23/06/2014 13:18

I was just wondering if someone could help me with these questions?

So assuming a woman gives birth at hospital, states that she wants to relinquish the baby for adoption, indicates that she won't be contactable, then leaves.
If I understand correctly, the baby is then NOT relinquished for adoption, as section20 and section19 forms cannot be signed until 6 weeks after birth.

What is baby's legal status then? Abandoned? Should there be care proceedings initiated? I understand that if baby is relinquished, then no care proceedings are initiated, but in this case?
What would normally happen with this baby? How would a decision be made that baby is to be adopted? Who would make that decision? In case of relinquishment, I understand that BM and possibly BF state that they wish for baby to be adopted (S19/S20), which is countersigned by Cafcass, and an adoption agency decides that this is indeed what is to happen. But if there is no valid S19/S20, who decides then?

Many thanks in advance.

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OurMiracle1106 · 23/06/2014 18:28

I would say it would need to go to care proceedings. They would have to get an interim Care order. The baby placed with foster carers and they would have to trace the birth mother. If at court she was supporting the decision for the baby to be adopted then final hearing would be very short I should imagine

If the birth mother didn't feel able to look after the baby she could put it into foster care voluntarily until it was 6 weeks old I'm assuming and then sign the paperwork

Lilka · 23/06/2014 20:19

Yes, they'll need to seek care and placement orders for the baby. If they cannot trace the mother or she refuses to participate in further proceedings, then there's nothing they can do about it, they just have to show the courts that this is the case.

As far as I know, decisions about whether a child should be adopted will be made by the LA and they have to take it to panel. If panel agree with the SW's, it'll all be written up and they have to evidence to the court why adoption is the best option for the child and the Judge obviously has to agree in order to grant a PO with a plan for adoption. Im sure it's quite a bit more complicated than that, but we have some lawyers and children's SW's on MN, hopefully one of them will see this

floatyjosmum · 24/06/2014 22:34

Lilka is right they will need to apply for a care order and placement order

They will have to apply for an interim care order or emergency protection order to be able to place the baby in foster care.

Is birth mum agrees or doesn't engage then proceedings would be very quick.

The plan would be agreed by the la first before being placed before the court. The CPR is used for the la decision and evidence and care plans for the court.

namechangingforanonymity · 25/06/2014 00:20

Thanks all that is helpful.

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SuperScrimper · 25/06/2014 13:48

Please tell me you're not planning on doing this? I grew up with 2 boys who were both abandoned at the hospital and it was horrible hearing them talk about it. They have no medical records and no way of finding out anything about themselves.

You can relinquish a baby without just walking out of the delivery suite never to be heard of agan.

OurMiracle1106 · 25/06/2014 14:21

I understand from the other side though how hard saying goodbye to your child is. I'm a birth mum and I know how gut wrenchingly painful it was for me. I understand why there are some women out there that just can't deal with going to the hearings and contact etc and why after losing a child they turn to drugs or alcohol.

I myself struggled after final goodbye. What I would say is that you can put them in foster care and if you are happy to sign the paper work the local authority do not need to go to court to get an interim care order for those 6 weeks. Please do adoption counselling. It's painful but it has helped me to accept the courts decision and to be able to grieve for the child I lost.

namechangingforanonymity · 26/06/2014 09:34

SuperScrimper no I am not planning to do this. I just need to understand the legal situation, for reasons I can't really discuss.

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