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Is adoption legal and final from point of AO?

18 replies

endofacentury · 29/11/2016 21:19

Hello, SW due in court tomorrow for my lo and I am wondering if the judge makes the adoption order, is the adoption legal and lo legally mine from that point.. or is it from the point of the celebration hearing?
I don't really understand why the celebration hearing is a few weeks later?

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sarahlux · 29/11/2016 21:35

I was under the impression it is from when the adoption order is mare. We received LO's adoption order a few days later and then the new birth certificate came before the celebration hearing so I imagine it was legal before then.

Good luck for tomorrow x

JustHappy3 · 29/11/2016 21:35

I thought it was cos the birth parents are informed when/where the adoption order is held. Whereas they are not told info about the celebration hearing.
I felt a massive sense of relief when the AO went thru as i knew dd could not be taken from us (however small that chance had been).

endofacentury · 29/11/2016 21:39

Oh well that is good to hear then thank you both. Am praying judge makes the order tomorrow and little one will be legally mine for xmas... trying hard not to get hopes up though as they'll probably be more delays no doubt!

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gillybeanz · 29/11/2016 21:40

Good luck for tomorrow, can't help but wanted to send my best wishes Thanks

endofacentury · 29/11/2016 21:42

Thank you gilly Smile

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flapjackfairy · 29/11/2016 22:22

Good luck. We got ours granted 10 days ago against all expectations . It is nice to finally get to the end of the process and as you say nice to have christmas with our new little man all official!
Dont want to put a spanner in the works but i have read before that birth parents have 21 days to ask for leave to appeal the granting of an adopt order but other info says once granted no right to ask for leave so it is v confusing.
Hope it goes through tomorrow endo . Keep us updated if you can x

gillybeanz · 29/11/2016 22:30

Sending best wishes to you all on here, going through the same.

I'm an adopted person and the posts above resonate with me so much.
My mum said it was a stressful time and she was worried my bm would change her mind at the last minute. It must be like being in limbo.
It was worse with my dsis, her bm had a breakdown and they had to wait 6 months for it to be final, I'm sure she said it was 9 months altogether, which doing some research was unusual for the time, pre 1975 laws too.

Anyway, just like to come on here and wish folks well sometimes as I miss my parents so much.

endofacentury · 29/11/2016 22:35

Thanks flapjack! It is so confusing.. we had first hearing last month which was adjourned as SW couldn't locate birth parents to let them know proceedings were underway, so tomorrow we are hoping the order is made. Just confusing to know from which point lo will legally be mine! Hoping it's from tomorrow .. will update after the hearing Smile

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tldr · 29/11/2016 22:43

The AO is it. Good luck!

Gobbledeygook · 30/11/2016 00:07

We've been through this recently and Flapjack is correct I'm afraid: there is a period of 21 days following the granting of the AO for birth family to appeal. We found the whole process so infuriating. Apart from the massive emotional toll it takes on the adoptive family we aren't sure when our 'adoption day' actually is: is it the date of the AO ? 21 days after the AO? Or the celebration hearing ?

endofacentury · 30/11/2016 07:10

Ahh thanks gobble, that must be why celebration hearing is few weeks later then? But I thought if birth family were going to appeal they'd have to attend court today? Or can they still appeal it even if they don't attend today in the following 21 days... it is very confusing

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Gobbledeygook · 30/11/2016 07:35

They can still appeal even if they don't attend court. It's highly unlikely of course but possible. Grit your teeth and get through it. All the very best.

flapjackfairy · 30/11/2016 07:45

The adoption is still valid as of date ao is granted even if birth parents ask for leave to appeal ( and they will be refused anyway) . So once ao granted you can relax as 21 days to ask for leave is just a legal formality to cover any comeback by birth parents in the future. Really hope it goes through today so you can enjoy an even more wonderful christmas! X

catsnickedallmypens · 30/11/2016 14:33

Yup, the day the AO is made is when they are legally yours and no-one else shares PR. The Celebration Hearing is just for you, your DC and family to go into Court and be given the celebration certificate, it's more of a ritual for the child, not a legal hearing in any sense.

Hope it went to plan.

endofacentury · 30/11/2016 19:31

We didn't get the AO today, judge said he was scheduling another hearing for the final hearing and the order will be issued then. Probably be after xmas now, disappointed but kind of thought it might happen. Oh well

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Gobbledeygook · 30/11/2016 19:44

Oh I'm sorry to hear that Endof. Did he explain why ? Had the BF been involved ?

flapjackfairy · 30/11/2016 21:21

Oh that is frustrating for you!
Never mind you will have a wonderful christmas and it will be something to look forward to in the new year x

catsnickedallmypens · 01/12/2016 15:00

Sorry to hear that endofacentury. So very, very frustrating. I've posted on another similar thread about this today. It seems to be a common experience but that doesn't make it ok.

Do you know why it's been adjourned further? You know if the Judge is sympathetic the court may bust a gut to get the final hearing in before christmas. It does depend on the reasons for adjourning. Have the local authority made all reasonable measures to locate and speak to the BPs?

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