SGO to Adoption after death of birth parent

[AuntieLynsey]

Hello
I've had an SGO for my niece since 2008. Her birth mum died last year and the potential father hasn't been around, is not named on the birth certificate and I don't think would pose any problems.

We would like to adopt her now. My question is, would we then lose our SGO allowance completely or is there a similar ongoing allowance in place in adoptive circumstances. If we lose our SGO allowance, unfortunately it would be too much to justify applying to adopt her.

Thanks for any advice. I don't know how common this situation might be, or if there is any precedence yet given the newness of SGO's. I did actually contact the council when she first passed away but no one really knew anything.

[AuntieLynsey]

Hi Irene

I felt it would be easier for several reasons. Probate, inheritance, no passport restrictions etc. When we went to Australia I had to carry round her birth certificate, mums death certificate, court orders etc which wasn't ideal when traveling to be honest.

We wouldn't want to wipe her mum (my sister) out. It's for legality and the future really. Her mum will still always be her mum.

No offence taken and thanks for your reply to clarify the allowance situation.

[Suzie, FRG Adviser]

Dear AuntieLynsey

Welcome to the Family Rights Group Family and Friends Carers’ Forum.

My name is Suzie and I am an Adviser at Family Rights Group.

I am sorry that you have found yourself in a difficult position regarding the legal status of your niece following the death of your sister.

As you already have a Special Guardianship Order you already have parental responsibility for your niece as stated in the post by ied53. If your reason for seeking an adoption order relates to inheritance this could of course be dealt with by a Will and, as a Special Guardian you are able to appoint a testamentary guardian for your niece.

You would lose the Special Guardian allowance for your niece but you could ask the local authority to assess you for an adoption allowance. This would be means tested and is discretionary. If you have a support package now as Special Guardian there is no guarantee that you will receive the same as an adoptive parent.

Whilst I understand how inconvenient it might be to have to travel with documents on holiday, you will need to consider whether this is more important than the support you currently receive. Have you considered applying to the court to have your niece’s name changed to yours, this may alleviate some of the difficulties. You should not have difficulty in obtaining a passport since you have parental responsibility for your niece.

I suggest that you contact Adoption UK on 0844 848 7900 their website is here who might be able to give your more information on you situation. You may also like to contact Coram Children’s Legal Centre on 0300 030 5480 website

You could also speak to your local authority Children Services if it is the same local authority responsible for your niece’s support package, whether you would receive an adoption allowance.

The local authority should also have a family and friends policy from which you could find information about how they support adopters. You should be able to find it on their website and, if not, request it from Children Services.

I hope you will find this information helpful.

Best wishes

Suzie

[Celle]

After having an SGO for a little girl for just over two years, my daughter and her husband were granted an Adoption Order last Friday. They will now be able to change her surname to theirs and they will feel more secure.

I have to give some credit to the Children's Officers in the county where the family lives. Unlike those in the county where the SGO was placed, they have been consistently supportive of the application to adopt.

While it is true that you can already apply to change the child's name, if you feel that adoption would be the best solution, I think you should follow your instincts.