Q&As

A 17-year-old child was joined to adoption proceedings, and a guardian appointed in accordance with Family Procedure Rules 2010, SI 2010/2955, 16.3. The child has since turned 18 but has health and learning difficulties and would be unable to provide instructions to a solicitor themselves. Does the guardian's appointment remain valid post 18, or does the Official Solicitor need to be contacted?

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Published on LexisPSL on 04/06/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • A 17-year-old child was joined to adoption proceedings, and a guardian appointed in accordance with Family Procedure Rules 2010, SI 2010/2955, 16.3. The child has since turned 18 but has health and learning difficulties and would be unable to provide instructions to a solicitor themselves. Does the guardian's appointment remain valid post 18, or does the Official Solicitor need to be contacted?

For an adoption order to be made, the person must be a child at the date of the application. The child must not have been married or in a civil partnership. The child can attain the age of 18 during the proceedings and still be adopted, provided the child is adopted before their 19th birthday, see sections 47 and 49 of the Adoption and Children Act 2002 (ACA 2002) and Practice Note: Adoption orders.

Section 41(6) of the Children Act 1989 lists the ‘specified proceedings’ in which a child

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