Important Financial and Legal Matters to Consider When Adopting a Child
Adopting a child is a wonderful way to provide a child with a family and the love they need though there are naturally a number of financial and legal matters that prospective adopters need to be aware of.
Adopting a Child in the UK – Legal Requirements
Before you start making plans to adopt a child you must ensure that you meet the legal requirements of prospective adopters.
You can find all the information you need to understand whether you currently meet the requirements to adopt a child on the official Government website; however, there’s naturally much more involved to adopt a child than just meeting requirements pertaining to age, financial security and residency.
The process of adopting a child is actually remarkably straightforward unless both parents of the child haven’t given their consent to adoption, though a lack of parental consent will be taken into account by the authorities and each case will be dealt with individually.
Financial Requirements to Adopt a Child
You don’t need to be wealthy to adopt a child in the UK though you must be able to prove that you are in a secure enough financial position so as to be able to care for a child.
Most couples and families are entitled to benefits for adopting a child – this is the same Child Benefit allowance all families receive – though you still must be able to prove that your income without benefits included will be adequate to support an adopted child.
You may also be eligible for Statutory Adoption Pay – this currently amounts to £136.78 or 90 percent of average pre-taxed weekly earnings – which is payable for 39 weeks.
The Cost of Adopting a Child
There are no charges or fees involved when adopting a child from an adoption agency – the assessment and approval process – in the UK though if you decide to adopt a child from abroad as many couples and families have, you will be responsible for the costs involved.
There is, however, a one-off fee charged by the court when an adoption application is made though this may be taken care of by the local authorities currently looking after the child.
The Need for Legal Representation
Legal representation isn’t a requirement to adopt a child – with some exceptions, most notably cases where both parents haven’t given consent – though it’s advisable and can make the adoption process easier and more expedient for adopters.
Furthermore, legal representation is essential in cases where both parents of the child have given their consent to adoption yet would like to have continued contact with the child.
Many legal firms specialise in adoption law and the experienced assistance of a solicitor with strong experience in such matters will prove invaluable for all parties involved.
Adopting a child is a sensitive matter and as most of the information about the prospective adopters is kept from the other parties involved, there is a very real need for confidentiality and that’s a prominent reason for enlisting legal assistance.
Moreover, the assistance of a legal representative can also improve the chances of prospective adopters by ensuring that their paperwork is in order and that they have everything required for the adoption process to go smoothly.
Depending on the income of prospective adopters they may be entitled to Legal Aid to assist with the adoption proceedings; however, even if they aren’t eligible for Legal Aid they should still consider enlisting legal assistance to protect their privacy and ensure the proceedings go smoothly.
Legal Matters after a Successful Adoption Procedure – The Need for a Will
Once adopters have successfully adopted a child there’s still a need for legal assistance, most notably with the drawing up of a new will that includes the adopted child.
When adopters adopt children they take on the same parental rights, duties and responsibilities as any parent in the UK and the child they adopt takes on their surname and inheritance rights.
This means that adopters need to draw up a will that makes provisions for the child they have adopted – inheritance, guardianship, etc. – and to do so they’ll need a solicitor’s assistance.
Adopting a child in the UK is a relatively straightforward process; however, legal assistance is still advisable.
Author: Frank Dougan is a freelance writer Hanne & Co, is a pioneer in providing legal services to all kinds of clients. Information about their offices and services can be found on www.hanne.co.uk.
Category: Family Finances
