Adoption rules are sensitive and cover a range of technical details, and must take into account the rights of both children and parents, which makes them understandably difficult. This means that many people are unaware of the complex rules surrounding adoption. Can a child put themselves up for adoption?
Adopted children without parental consent
International and British law explicitly states that a child can be adopted without the consent of each parent only if its best interests require the adoption of the child and the consent of the parents (Adoption and Children Act 2002, section 52, UN Convention on the Rights of the Child, Convention on Human Rights “Right to family life”).
Adoption, contrary to the wishes of a parent exercising parental responsibility, is the last resort, not the first solution, even if it is obvious that the child cannot live with his parents permanently. Recent English rulings by the Court of Appeal have confirmed the principle that “requires” means that no less legal alternative than the complete legal separation of the child from his / her family of origin by issuing an adoption order will protect and promote the well-being of the child throughout his childhood.
Before issuing a decision on adoption by release with the consent of the parent / parents, the court must make sure:
- the child has suffered or is likely to suffer significant harm and that the damage or probable damage is due to parental guilt (this does not necessarily mean that the child is abused or neglected and includes taking action or not taking action that may result in or may cause significant harm)
- that local authorities have made reasonable efforts to help the parent (s) meet the child’s needs at a sufficiently good level, including any special needs arising from the disability of the parent or child
- that there is no relative or close friend who (with appropriate help) would be able to ensure the desire to provide a permanent home of good quality for a child without the need for an adoption order
- that a child’s needs for a permanent home cannot be adequately met by placing him / her in a long-term care home.
Can a child put himself up for adoption?
Only minors can be adopted in accordance with the law, which means that the term adoption applies only if the child under the age of 18 is placed under the care of different persons for their parents or legal guardians. Persons over 18 years of age cannot be technically adopted. Children can sometimes be very unhappy and either on the spur of the moment or maybe in a more thoughtful way they express the view that someone wants to look after them. Of course you should hear them. But many children who say it with frustration do not mean it when time and emotions go by. The idea of the question “can I prepare for adoption?” is a very adult concept because the child is unlikely to understand that it can be legally looked after by someone else. In this sense, a child may feel unloved, mistreated or neglected and have a legitimate reason to want to be placed under the care of people other than their parents, but they think more often in terms of ‘I’. they want to live with my grandmother, neighbor or one parent, especially if the couple are divorced, in this case the decision to accept a child depends on the desired guardian.
