Contesting Adoption Order

[hereforhelp2023]

Hi!
We have just found out that BP's are requesting to contest the adoption order and the court has asked for more information from the LA, set a court guardian for our little one and SW's keep saying 'you can't know for sure which way it will go' and not really answering our questions

Does this mean that the court has granted them to contest.

Anyone been in a similar position?

We're terrified of losing our LO

Thanks in advance!!

Report your post and ask for it to be moved to Adoption and more experienced people will find it.

The LA should be able to tell you if they have been given leave to contest. My understanding is even getting leave to contest is relatively rare as they need to show substantial change in circumstances. Often BPs ask to contest because then it means they have done everything they can to stop the adoption.

We had this. It meant a delay of 4-5 months but we got there in the end.

Hi

Sounds like a very difficult situation. Can you give a bit more context? Ie has the adoption order been made or has the final hearing been set?

And- I know you can't and won't share confidential details but what's the broad context. Was your child relinquished at birth by parents or were there concerns about child abuse leading to foster/adopt plan?

Yes DD’s birth parents wanted her fostered it went to court and the judge gave them visiting rights X3 a year and the adoption went through.
Must add that DD was severely disabled and they felt they couldn’t cope. It was the right decision as we got on well and are good friends.
Good luck

I’m assuming the adoption order hasn’t been granted yet and they want to contest it?

If so it’s usual practice to appoint a court guardian, many courts will appoint a guardian in all adoption proceedings to ensure the child’s interests are protected so it’s nothing to worry about.

Social work won’t be able to answer your questions because they won’t be party to court discussions, because they’re involved in the case - they won’t know any more than you do. They’re saying they can’t know for sure because no matter what has happened in previous cases, it’s not a predictor of what might happen in this case.

I know it’s an incredibly anxious time, but it’s a process that needs to run its course. Some families will contest to say they’ve done everything they could, they would need to show significant change over a long period of time to be granted leave to contest and even then it’s unusual to get to the point of permanence placement and have that overturned. Do you have independent legal representation?

That is very common. It is highly stressful for prospective adopters, but usually nothing comes of it.

This question comes up very frequently. Maybe it is helpful for you to read some of the responses others got?

https://www.mumsnet.com/talk/adoptions/4737830-birth-parent-contesting-adoption-order

https://www.linkmaker.co.uk/forums/topic/0a0a399c-7b41-4aab-8794-819f72687d2c

https://www.linkmaker.co.uk/forums/topic/1e832810-a7b5-438e-8bee-becc9904a29d

Hello

We went through the same thing, but contesting the adoption order is generally not successful, the child will already have a placement order that removed them from the birth family into the LAs care, the contest is usually a last show to say they did everything, and IMO can be used positively when the child eventually asks questions.

Our situation was birth mum contested she was given leave to appeal and had to show massive lifestyle improvement, but when it came down to it she didn't even write the letter the judge asked her to, so the adoption order went through a few months later

Stressful time but the odds are very low the contest will be successful