Adoption Solicitors and Special Guardianship Orders based in Dorset, Hampshire and Wiltshire
If you’re considering adoption or special guardianship, you’re likely navigating a process that’s both legally complex and deeply personal. Whether you’re adopting domestically, from overseas, or exploring alternatives like special guardianship orders, our adoption solicitors will guide you through it clearly and without unnecessary complication.
Speak to our adoption solicitors on 0800 2800 421 or via our online enquiry form.
What our adoption solicitors can help with
Our adoption solicitors in Southampton, Salisbury, Bournemouth, Winchester, Poole, and London advise on the full range of adoption and parental responsibility matters. We only deal with private adoptions, we don’t advise on adoptions where children have been placed in care in England & Wales.
Domestic and international adoption
We handle adoptions across England and Wales, as well as from international destinations. If you’re considering adopting from abroad, it’s important to know that moving a child for the purposes of adoption is a criminal offence. Always take legal advice before bringing a child into the UK, or taking one out of it, with a view to adopting later. We also advise on contested adoptions, where the process is more complex and the stakes higher.
Stepparent adoption
Stepparent adoption allows a spouse or civil partner to legally adopt their partner’s child, which permanently extinguishes the parental status of the child’s other legal parent. A child can have no more than two legal parents at any time.
The effect of an adoption order
An adoption order transfers full legal and parental responsibility to the adoptive parents permanently. It ends the child’s legal relationship with their birth family, including rights to maintenance and inheritance, and the child becomes a full legal member of the adoptive family. Given the permanence of adoption, it isn’t always the right answer, and we’ll always explore every option with you.
Special guardianship orders
A special guardianship order gives a third party parental responsibility for a child without removing the birth parents’ rights entirely. It’s often used where a child cannot live with either parent but adoption isn’t appropriate. The special guardian can make decisions for the child to the exclusion of the parents, and in some cases, local authority financial support may be available to the guardian.
Child arrangements orders
A child arrangements order names who the child will live with. Where the named person doesn’t already hold parental responsibility, a stepparent, for example, the order grants it. However, that responsibility is shared with the birth parents. Neither party can change the child’s surname, take them abroad for more than a month, or appoint a guardian without the agreement of everyone with parental responsibility, or the court’s permission.
Parental responsibility agreements and orders
A parental responsibility agreement allows a stepparent to obtain parental responsibility by consent, provided they’re married to or in a civil partnership with the child’s parent. If only one parent holds parental responsibility, that parent alone can agree to share it. If both birth parents hold parental responsibility, both must consent. Where agreement isn’t possible, a court order can be sought instead.
How the adoption process works
Every case is different, but this is broadly what to expect when you come to us.
- Initial consultation
We start by understanding your situation and what you’re hoping to achieve. We’ll explain your options clearly, whether that’s adoption, a special guardianship order, or an alternative, and advise on the most appropriate route.
- Preparing your application
Once you’ve decided how to proceed, we prepare and submit the necessary applications on your behalf. We’ll tell you exactly what information and documentation is needed and handle the legal paperwork throughout.
- Court proceedings
Most adoption and special guardianship applications require a court hearing. We’ll represent you at every stage, keeping you informed and prepared so there are no surprises.
- Order granted
Once the court approves the application, the order takes effect. We’ll explain what this means in practice for you, the child, and any other parties involved.
Why choose Trethowans for adoption and a special guardianship order
Our family law team knows this area inside out, and understands that the decisions made here affect children’s lives for good.
Recognised expertise
Our family law team have been recognised by several independent organisations. We are acknowledged in both the Legal 500 and Chambers and Partners. Our lawyers are also listed by ThreeBestRated and Wiselaw.
Our commitment to Resolution
As members of Resolution, a national community of over 6,500 family law professionals, we follow a strict code of practice ensuring all matters are dealt with in a dignified and constructive way. Grant Cameron, Partner, previously served as National Chair of Resolution.
A child-focused approach
Our team are regularly commended for putting the child’s welfare at the centre of everything. In sensitive cases like adoption and special guardianship, that approach makes a real difference.
Experience with local authority involvement
Many special guardianship cases involve children’s services. Our solicitors are experienced in navigating local authority processes, helping clients understand their position and what to expect at every stage.
Speak to our adoption solicitors today
We offer a free, no-obligation initial consultation to help you understand your legal options. Our expert adoption solicitors will listen to your concerns, answer your questions and help you consider the best way forward, with no pressure to proceed.
Meet us in person
We have offices across the south of England and a base in London, making it straightforward to meet a family law solicitor face to face. You can find us in Bournemouth, Poole, Salisbury, Southampton and Winchester, with London appointments available on request.
Get in touch
Call us today on 0800 2800 421 or make an enquiry online to arrange your free initial consultation.
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Frequently asked questions about adoption and special guardianship orders
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A special guardianship order appoints one or more individuals as a child’s special guardian, granting them parental responsibility. It is typically used where a child is cared for permanently by a family member and adoption is not considered to be in the child’s best interests. The special guardian’s parental responsibility overrides that of the birth parents in most circumstances.
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The key difference between a special guardianship order and an adoption order is what happens to the birth parents’ parental responsibility. An adoption order removes it entirely and severs the legal relationship between the child and their birth family. A special guardianship order does not: the legal link with the birth family is retained, and parental responsibility is shared, though the special guardian’s takes precedence.
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Anyone over the age of 18 who is not the child’s parent can apply for a special guardianship order, though some applicants will need the court’s permission before making an application.
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The local authority must be given at least three months’ notice of your intention to apply. After that period, an application is made on Form C1, supported by a statement on Form C13A. The local authority will investigate and prepare a report for the court, including recommendations on your suitability as a special guardian.
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Once notified of a proposed application, the local authority is required to investigate and prepare a comprehensive report for the court. This report will include an assessment of the applicant and recommendations on whether they are considered suitable to be appointed as special guardian.
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A special guardianship order lasts until the child turns 18, unless the court varies or discharges it beforehand.
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A special guardianship order can be varied or discharged by the court, but permission is required in most cases. The court will only grant permission where there has been a significant change in circumstances since the order was made. Applications to revoke a special guardianship order are rarely straightforward, and legal advice should always be sought before proceeding.
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Adoption timelines vary considerably depending on the type of adoption and individual circumstances. Domestic adoptions typically take longer than stepparent adoptions, and international adoptions can take several years. We’ll give you a realistic picture of the likely timeframe at your initial consultation.
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Costs depend on the complexity of your case and the type of adoption or order involved. We offer a free initial consultation so you can understand your options and get a clear picture of likely costs before committing to anything.
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