The Ins and Outs of Legal Aid for Adoption
Legal aid refers to the provision of assistance of counsel to those who might otherwise be unable to afford legal representation across a variety of legal situations, from criminal cases to family matters. As with other legal proceedings, adoption is subject to applicable statutes and regulations. Because every individual’s situation is unique, it is easy for prospective adoptive parents to have questions regarding financial responsibility for adoption as well as the adoption process itself.
To qualify for legal aid to assist with adoption, an individual must be a low-income earner. In the case of adoption , it is not uncommon for eligibility to be determined based on the number of child dependents in the household. Given that adoption often will come at a steep cost regardless of whether you are working with public or private organizations, it is generally advisable to secure the services of an attorney, whether you might qualify for legal aid or be required to pay for your representation. The adoption process itself may also involve organization with the court to determine at what point your case is "adopted" into the system for review.
Legal aid can be beneficial in different forms, depending on the circumstances: Whether your goal is adopting a child, pursuing stepparent adoption or enacting a guardianship, consult with a qualified legal professional to get the right answers.
Eligibility Criteria for Legal Aid in Adoption Cases
To be eligible for legal aid in an adoption case, you must be a British citizen or have settled status in the UK. Your income and outgoings will be checked to determine whether you are entitled to legal aid. In general, if you have a disposable income of below £733 a month, you will qualify for legal aid. If you receive income support, income-based jobseeker’s allowance, universal credit or pension credit it may not matter what your income and outgoings are.
If you are in employment, you will also be required to provide three months’ worth of bank statements, payslips and any other documents showing your income. If you receive benefits these will be taken into account where applicable. In some cases, savings can affect entitlement, particularly if they exceed £8,000.
Your case will also be assessed for the costs of the application. You may be expected to contribute in some way – particularly if you have a high salary and/or considerable savings.
Sources for Legal Aid Services Related to Adoption
Legal Aid for Adoption (cont’d)
Other sources on the Web are the legal aid centers themselves. The National Assistance Network can be found at www.clan.org.au, which will link up with the network’s Australian members. You can even find your nearest legal aid center based on the ZIP code you enter into their system. If you’re looking for legal aid in another part of the world, try www.lawrights.asia/ or the European Union Agency for Fundamental Rights website, both of which have a list of worldwide legal aid charities and organizations.
Regardless of what form of legal aid you use, the attorney representing you who is part of the local legal aid network may have a great deal of experience dealing with related adoption cases and can prove to be very valuable. You should make every attempt to retain the services of a lawyer that specializes in the area of your legal needs.
How to Secure Legal Aid for Adoption Applications
The process of applying for legal aid
The first step is to complete the legal aid application form. This form will ask you a series of questions including about your income, savings, needs and expenses in order to determine if you qualify for legal aid in the first place.
One of the conditions of being granted legal aid is that you or your partner may not have savings in excess of £8,000. This is because if you have over this amount, you are expected to pay towards your legal costs yourself. If you choose to do so, you will be able to recover this money after the case is settled. It is also important that you do not take out any loans shortly before applying in order to try and qualify for assistance and avoid paying for your own case.
If you decide to apply for public funding, there are two ways that you can do this. The first option is via a solicitor who will complete the form on your behalf. Any solicitor is able to do this, but it is advisable to use a specialist solicitor who has experience in working with children and families. This solicitor will review your circumstances and decide whether to take on your case. If they feel that your case satisfies the merits test, they will send the form to the Legal Aid Agency.
The second option is to apply for a legal aid waiver. This is a more straightforward process, but you do not yet have to confirm the solicitor you wish to represent you. If you choose to apply via a waiver, the Legal Aid Agency will then pass the details of your case onto a panel who appoint a solicitor. This may take a little more time than the previous route, as the assignment of a solicitor relies on availability.
Whilst it is often best to seek the advice of a solicitor early on in the process, it is never too late to contact the Legal Aid Agency with concerns about your case. If you feel that an application for legal aid has gone unresolved, a representative will be able to discuss your situation and push for outcomes.
In addition to showing legal aid is required, you also need to have passed the means test in order to begin the legal proceedings for adoption. This section lists all the income, benefits and savings you may receive, while highlighting your expenditure so that the Legal Aid Agency can assess whether legal aid is required. The information provided within the means test has to be verified by your solicitor and if your application proves successful, you will receive a certificate from the Legal Aid Agency stating that you may proceed with your case.
Advantages of Legal Aid for Adoption Proceedings
One major benefit of legal aid is that it can allow you and your family to save a significant amount of money. New adopters are likely to have run up numerous bills related to their adoption, but with legal aid, they are not going to be faced with the burden of huge court fees.
Furthermore, legal aid can often speed up the process of adoption. Having an experienced lawyer on your side will allow you to keep track of all of the paperwork, scheduling conflicts and deadlines you may face. Working with a family lawyer will also speed up your case if you find that someone responsible for your adoption is unable to move forward due to some unforeseen circumstances, or even if they willfully delay the process . Your adoption lawyer can step up when others fail and make the appropriate push to get your case moving along.
Last but not least, legal aid can help keep you safe from unscrupulous or negligent adoption agencies. There are some agencies that exist solely to make money, and have little regard for the wellbeing of the children and families they advocate for. Legal aid provides you with the peace of mind that you are working with a qualified and legal adoption agency that will work in your best interest.
For these and many other reasons, legal aid can help you move through the adoption process much faster and much safer. Whether you find the aid through a grant or referral, your adoption will be better for it.
Challenges and Issues to Consider
Applicants for legal aid for adoption should be aware that not all circumstances will qualify for this type of aid. Indeed, applicants should be prepared for the fact that aid may not be received and that the process may not be quite as straightforward as it might first appear.
As with all forms of legal aid, the process to secure legal aid for adoption is fairly rigorous. Applicants must fill out a form detailing the reasons why they are seeking legal aid, their financial means and their personal circumstances. This form must then be submitted to the government. In the case of adoption and similar family law matters, the form will be sent to the Family Mediation Office, which will then write to you to confirm whether or not your application has been successful.
There are a few reasons why an application for legal aid for adoption might not be accepted. Perhaps the main reason is that the applicant is not eligible. There are a number of factors that can affect whether one is deemed to be eligible or indeed ineligible, such as income, savings and disposable income. Because of this, an applicant can’t simply pay a little more or produce more savings, should they find themselves deemed ineligible. Instead, a rejection is final and cannot be overturned.
Another reason an application might get rejected is because the client does not meet the criteria set out by the Legal Aid Authority. There are a number of issues here that could disqualify a case, such as the client is not in need of legal aid, that there is no prospect of the case succeeding or that there is another way to resolve the case without the need for legal aid.
This last point plays into the next key reason why a case would be refused for legal aid coverage: if there is already an agreed basis for resolving the issue or if a resolution exists outside of legal aid, then the application will be turned down. For example, the adoption may be going ahead on a non-legal basis, perhaps to someone the adopter already knows – in these cases, the courts might be less inclined to fund legal aid on the matter of adoption.
Another complication that can occur with adoption and can affect legal aid applications is that English law requires that applications be made to a court in the particular region of the applicant – whether that’s England, Wales or Northern Ireland (or even other more specific areas in England or Wales). This would require the birth parent to return to their country of origin to apply for legal aid, which could be prohibitive in terms of travel or discriminatory against citizens. Compounding this issue is that many firms that can grant legal aid to adoption cases can be few and far between across UK – some regions may only have one (making it difficult to secure a specific lawyer of choice) and others may not have any at all.
Finally, some applications for legal aid may be refused simply by virtue of the fact that the case doesn’t require legal aid. In the case of adoption – if the birth family have already signed away their rights or the adoption is being pursued on a non-legal basis – then it may not be seen as necessary for legal aid to cover the case.
Legal Aid or Private Adoption Attorneys – Which is Better?
The decision to use Legal Aid services or hire a private adoption lawyer is significant in the context of a family adoption. Typically, there are roughly six different stages of the adoption process (see our overview on Adoption Law for more information). You may be able to handle the initial steps on your own through the Government of Canada. However, a private adoption services lawyer could provide great value for the rest of the stages .
Legal Aid services may include some legal advice and representation for the following adoption services:
Private adoption solicitation services may include some of the following adoption lawyer services:
Although both Legal Aid and Private adoption services offer similar adoption legal services, there are many differences between each. Here are some of the main factors to consider.
If you can afford to hire a private adoption lawyer, this option will likely provide you with the superior adoption services you desire. However, if you find yourself in the tight financial position and feel you need some assistance, Legal Aid may be able to provide some legal assistance.