Adoption: A Guide for Court Users
Page 9 of 13
What if the child’s parents do not consent to the adoption?
If the child’s birth parents or guardian have not consented to the adoption and you are asking the court to dispense with their consent, the court will need to be satisfied that:
- the parent or guardian cannot be found, or is incapable of giving consent, or
- the welfare of the child requires that their consent be dispensed with.
You must set out on your application form which of these conditions applies. You will also need to attach a brief statement of the facts you are relying on in support of your request. This is known as a ‘Statement of Facts’. It should be signed by your solicitor, or by you (and the other applicant) if you do not have a solicitor.
The court will send a copy of the Statement of Facts to each parent or guardian of the child, so, if you intend to ask the court to keep your identity confidential, you should make certain that the statement does not include any information that could identify you, where you live, or where the child goes to school or nursery.