Do you mind my asking what is the "mismatch" in terms of culture. I am a retired sw and tm mgr of a Fostering & Adoption Team in a LA. I think in cases like this, the LA should give serious consideration to your wish to adopt. A child with complex medical conditions, is as you already know unlikely to be matched with suitable adoptors. The great plus in your favour is that you have bonded with the baby and that is of prime importance. Also, you are willing to adopt this baby even though he has complex medical condition, which proves how much you love this child.
It is the LAs job (when they hold parental responsibility) to make plans for the child's future and in his best interests, so they do have the right to do as they have done, i.e. turn you down because of this cultural "mismatch" - I don't know where you live or the nature of the "mismatch" but if this is an African-Caribbean/whiteUK child, or African-CAribbean or Asian, or an Eastern European child, there are
many areas of the country that are multi-racial and multi-cultural and therefore a child of a different culture from yourselves would not "stand out" as being different and this is a point to put to the LA.
You have some options:
- You could ask for a meeting with the child's sw (as it is her or him who decides which family the baby should be placed with - if indeed any are forthcoming) and the team manager, to discuss more fully their reservations about the cultural "mismatch" and if you give me more details I might be able to help you formulate arguments against theirs.
- This issue of children waiting in foster homes and not being adopted because of the cultural issue is quite a hot potatoe at the moment and David Cameron has been raising this issue recently. SO you could get in touch with your local councillor and ask him/her to intervene. This would mean that you were "going over the heads of the sws" so they will not be pleased, but it does sometimes work.
- I'm not at all sure about the advice you got from the solicitor - I think he/she didn't want to take the case on and so got rid of you by quoting these huge sums of money. It is possible for a solicitor in a situation like yours, IF the LA try to move the child, to get an immediate court hearing to request that the court make an Interim Residence Order (which transfers the Parental Responsibility to you) though shared with the birth parents. IF it is granted, then the LA no longer has PR for the baby. You can then proceed to apply for an Adoption Order, or a Special Guardianship Order (youwill have to google that as I don't have time to explain!)
- YOu could contact Fostering Networks or British Agencies for Fostering & Adoption (BAAF) for advice. You could google them for phone numbers and information.
I would advise you try No. 1 first. Of course IF there are no adoptors willing to take on this baby, then the balls in your court and the LA should be "snatching your hand off" to agree to your application to adopt the baby.