Adoption after SGO granted

[Dolly daydream]

Hi I am new to this so was wondering if anyone knew if the birth parents can put a child up for adoption after the SGO is granted if they disagree with who has custody? Thanks

[Robin D]

Unusual question. I believe that as a court has made the SGO, only a court can overturn it. Birth parents cannot put up a child for adoption. It has to be through a regulated adoption agency. Any application to the court by the parents would need 'leave to apply' whereby they would have to persuade the court that something significant had changed. I think it would fail at the first hurdle if the child is safe and secure with the Special Guardian(s). If it got through that, the welfare principle and 'no order' rules would apply. The first means any order made has to meet the welfare needs of the child, the second asks does the court 'need' to make the order. I suspect the application would fail on both counts.

I can't be certain, but I think the reality is no, The BP can't change the placement of the child.

[Dolly daydream]

Thanks for the information, I was led to believe that was the case but wanted to hear from another source rather than just sw.

[Robin D]

Happy to help, but just to be clear, social services can take such action if they feel that the child is suffering with the SG, in the same way as they can a child with its natural parents. They can aklso apply to a court to free a child for adoption.

[Dolly daydream]

Thanks I was more concerned about the adoption after the SGO being granted because they didn't like the decision. Thanks again.

[Suzie, FRG Adviser]

Dear dollydaydream

My name is Suzie, one of FRG's online advisers.

I can see that you have already been given some helpful advice from Robin in relation to your situation.

It may also be useful for you to have a look at our adoption advice sheet which gives information about placement orders and the process previously referred to as 'freeing' a child for adoption.

In addition, you may wish to consider the adoption for birth parents advice sheet which may also answer any additional queries you may have at this time.

Please post back if there is any further advice you require at this stage.

Best Wishes

Suzie