Article 12 of the European Convention on Human Rights (“the ECHR”) upholds the right to start a family. The 1998 Human Rights Act enshrines this right in UK law. The right to start a family includes the right to adopt a child. The ECHR does not oblige governments to provide adoption facilities; it does require governments to ensure that any systems for adoption which operate do not interfere with this right.
If you believe your human rights have been violated in relation to adoption or family matters, you can describe your circumstances using our free Rights Situation Checker.
Article 14 of the ECHR states that the other rights contained in it should be applied without discrimination on any basis including sex, race, birth or “other status”. In broad terms the ECHR protects both the right to adopt a child and to enjoy the other rights contained within it without discrimination - regardless of whether one is adopted or adopts.
Equality Laws and Adoption
Recent UK equality laws restricted the ability of organisations to discriminate in the provision of services. The laws have meant that some religious, charitable organisations which previously provided adoption services may be prevented from doing so because they did not provide adoption services on an equal basis to all members of society. For example, some Catholic adoption charities - which only provided adoption services to heterosexual, married couples - breached the new equality laws.
UK equality laws do give some leeway to religious organisations which discriminate in accordance with the doctrine of their religion. However, anti-discrimination laws will be more strictly applied to publicly-funded adoption services operating in the wider community than to a religious organisation which operates on a more private level.
Describe what has happened and find out which UK human rights protections apply and what you can do.
Try our Rights Situation Checker free, here on this site →Rights of an Adopted Child
The laws which apply to adopted children depend, to some extent, on when they were adopted. The Adoption Act 1976 applies to children adopted before 30th December 2005 and the Adoption and Children Act 2002 applies to children adopted from 30th December 2005 onwards. However, many of the rules contained in the two Acts are similar.
When a child is adopted in accordance with UK law, the child generally acquires all the rights and entitlements of a biological child. In legal terms it is as if the adopted child was born to their adoptive parent or parents. A child who is legally adopted by British citizens will usually be treated as a British citizen regardless of the country of its birth.
Children adopted in accordance with UK law will also have the same rights to inherit their adoptive parents’ estates as would biological children. If a person dies intestate, (ie. without having made a will,) their adopted child has the same right to inherit their estate, or a share of it, as any biological children. This right is dependent on the child having been validly adopted in accordance with UK law and the entitlement may not exist if a child is adopted abroad and the foreign adoption was not formalised under UK law. Adopted children lose the automatic right to inherit from their biological parents.
In most of the UK, children who have reached the age of 18 have the right to see their full birth certificate, which may reveal that the child is adopted and give the name of their biological parents. In Scotland children have the right to see their birth certificate from the age of 16. A record of all children who have been adopted is now kept on the Adopted Children Register.
Adopted children who have reached the age of 18 may use another register, the Adopted Contact Register, to find their biological relatives. By adding their details to the Register an adopted child indicates to their biological relatives that they wish to contact them. However, the biological relatives must also have registered their details for this system of contact to be effective.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Rights of Adoptive Parents
Technically anyone over the age of 21 is eligible, and “has the right”, to be an adoptive parent. However, according to the Adoption and Children Act 2002, the welfare of the child must be the “paramount consideration” of both adoption agencies and of any court asked to make an adoption order. Therefore, a wide range of eligibility criteria can, and will, be applied to prospective parents.
These criteria should only relate to factors likely to influence an applicant’s ability to be a good parent and may vary according to the individual child. The line between discriminating against a prospective parent and protecting the child’s best interests may sometimes be blurred. For example, opinion is divided on whether children should only be adopted by those who share the child's ethnic background. Prospective parents who are rejected because they are from a different ethnic background could claim that they have been discriminated against and had their human rights curtailed. However, if this decision is deemed to be in the child's best interests the prospective parents' rights may have to take second place to the child's welfare.
I adopted two kids on international adoption and got my nationality after the process.
Can the keep their original passport as well? The origin country is OK with that...
They would like to participate in international sports competition under their colors.
The paediatrician lied and covered up this, never informed us, despite our rights as parents and we consequently adopted 2 full siblings.
We have been misled for 23 years, only now discovering that no testing ever took place and that the Local Authority and paediatrician have conspired to cover up their errors.
My sister/aunt has recently passed and I beleive that because I was not adopted by my family and even though i was christened my grandmothers name and had the same surname as my aunties and uncles i cannot make a claim from the estate.
Any information would be greatly appreciated thanks.
Obviously I am also feel betrayed by my Aunts shameful conduct, (I knew the family well and we met on several occasions over 30 years- and they also knew well how close me, my father and my children were to him - but I feel totally totally disrespected and devalued by the Law - who I feel should protect people in my position.. How can it be that a man who treated me as a son as soon as he was aware of my existence and able to do so - (plenty of evidence of that) - should be treated differently when it comes to his estate.
Of course, this situation would not even arise if my aunt's family not removed the Will - but I still feel I that I am being discriminated against - whereas others seem to view my reaction as being presumptious - whereas it actually confirms the rejection and distress that adopted people know so well. Why would the court take the side of an acquisitional millionaire Aunt rather than a deceased's only child and family of very modest means? Any ideas appreciated..
I was adopted out in the UK in 1960. My biological mother (EC) met my biological father (DO'D) - an American studying in Ireland. EC ended the relationship without telling him she was pregnant. She then went to the UK (concealing her pregnancy even from her own family) and gave me up for adoption. I was adopted by unrelated persons.
Adoption agency records confirm she told them who my father was and stated that he was unaware of my existence. When I traced my Biological Mother in 1988, she finally agreed to place an advert in a newspaper in Cork, Ireland to which one of DO'D's relatives responded and ultimately DO'D got in contact with EC. EC only put me in contact with him after she had travelled to New York (where he lived) to meet him and belatedly tell him of my existence and the adoption.
We then had a close relationship over 30 years until he died in in 2018. This involved regular visits of me/him/my family to the USA, UK and Ireland. He referred to me as his son and my children as his grandchildren. He told me he had included provision for me in his Will but sadly (but perhaps predictably, I was very naive) this has gone missing. His only sister applied to administer his intestate estate and also specifically applied for me to be disinherited. She told the court that she was following her brother's interests!! This was very upsetting for me. D'OD phoned/skyped me almost on a weekly basis and I have recorded messages and photos which make it clear that we had a very close relationships.
Although there was some remaining evidence that he had written a Will I was unable to trace an original or even a copy and neither was one filed with the Surrogacy Court because immediately after his funeral his sister's family removed all of his personal and private papers from his apartment. They denied there was a Will among them and have still not given me even copies of his photos or correspondence etc..The NY probate court refused to require the sister (deemed administrator and fiduciary) to disclose/provide access to his computer records/emails (*) which would have otherwise almost certainly disclosed identity/whereabouts of his Attorneys and any home made wills - which he told me, my family and his close friends (Attorneys, Court Clerks etc..) he had made. (* the sister had previously agreed via her attorney before the court to share the papers and agree inspection of computers). Ultimately the court relied on § 117 DRL of New York State Law which states that as an "adopted-out" person I have no interest in my father's intestate estate and that it should be left entirely to his sister.
Given that my father did not even know of my existence, let alone agree to the adoption, I do not see why I am prevented from inheriting at least part of his estate and having a few of his personal possessions even for sentimental value. Shouldn't I be seen as an illegitimate or non-marital child in respect of my father's estate and adop
The SA have my records with birth father & mothers names.
They will not give me these names. Is this legal and how can I fight this as I have the right to know?
Mother that have natural motherly instincts for their children we are daily living in fear for our missing children fearing they could be harmed and abused or even become seriously I'll where are the human rights for hurting parents that have had their babies cruelly taken for fouced adoption....
can a 16 year old in Devon have any chance in finding her birth parents before shes 18? if your adopted guardian agreed this was okay?
I’m looking on advice as I would love to see my adopted sister, sadly she was adopted when I was 13, she was 2.. I’m now 27
I’ve written to social services but never get anywhere
Any helpful advice would be appreciated
I have Permanent Residency (PR) status obtained in 2013.
I recently applied for a British passport for my daughter on my PR status and today I received a letter saying my passport application for her was rejected as "it would appear that she is not a British nationals".
I contacted the Passport Office and asked them why - they mentioned:
"When you adopt a child, the child's nationality will go on the adopted parents. The adopted parents must British citizenship through there own right, not through Indefinite leave to remain or Treaty rights."
They also told me if she were my biological daughter, there wouldn't be any issue and passport application would have been granted.
They advised me to contact the Home Office - as they would provide the correct information-, and Home Office told me with the info provided about my daughter and my PR status, the child would be automatically a British national and should be treated the same way, independently if she is my daughter by adoption or by birth.
But after contacting Passport Office again, I was told the information provided by the Home Office was incorrect.
I'm bewildered as once my child was legally adopted, I always thought she would have the same right as a biological child.
And I cannot believe adopted children have different rights to biological children as that would be discrimination.
Previously to the adoption, Social Services applied for a passport but they were asked to provided birth grandfather's birth and marriage certificates, information and documents they couldn't find so application didn't go ahead. So we cannot go down that route either.
Could anyone shed some light in this matter? What would my daughter's rights be? Is she entitled to a British passport through my PR status?
Many thanks!
I have Permanent Residency (PR) status obtained in 2013.
I recently applied for a British passport for my daughter on the basis of my PR status and today I received a letter saying my passport application for her was rejected as "it would appear that she is not a British nationals".
I contacted the Passport Office and asked them why - they mentioned:
"When you adopt a child, the child's nationality will go on the adopted parents. The adopted parents must British citizenship through there own right, not through Indefinite leave to remain or Treaty rights."
They also told me if she were my biological daughter, there wouldn't be any issue and passport application would have been granted.
They advised me to contact the Home Office - as they would provide the correct information-, and Home Office told me with the info provided about my daughter and my PR status, the child would be automatically a British national and should be treated the same way, independently if she is my daughter by adoption or by birth.
But after contacting Passport Office again, I was told the information provided by the Home Office was incorrect.
I'm bewildered as once my child was legally adopted, I always thought she would have the same right as a biological child.
And I cannot believe adopted children have different rights to biological children as that would be discrimination.
Previously to the adoption, Social Services applied for a passport but they were asked to provided birth grandfather's birth and marriage certificates, information and documents they couldn't find so application didn't go ahead. So we cannot go down that route either.
Could anyone shed some light in this matter? What would my daughter's rights be? Is she entitled to a British passport through my PR status?
Many thanks!
Does this mean I no longer exist?
I was adopted in 1969. I have found my birth mother who does not want to keep in touch with me. My birth father was named on my adoption paperwork but is not named on my birth certificate. I have discovered that my birth father was also adopted, but he will not communicate with me. Do I have any rights to obtain my birth fathers original birth certificate to find out my family history?
o do anything to let them know they are adopted
I am looking for advice. A friend of mine, who was adopted in 1976 as an almost new born, in London and from an irish student of medecine) is looking for his biological father since a long time. He found his biological mother, met her once but then strangely she cut all contact and is not giving my friend the infos about his biological father he desperately needs. Can my friend force his biological mother by law (on court, excuse my english, i am german mothertongue) to give him the info about his father?
thanks for your answer,
dana
I'm 17 and want to be adpoted by my stepdad. Do I need my biological fathers permission to do this? Also what will that do to his rights if I do do this. And if he doesn't consent am I able to get adopted when I turn 18?
Thank you.
I was born in Australia to a English mother and adopted out to Australian parents who are both deceased.
I have known my biological mother and my siblings since I was 18. I'm now in my 50s.
I would live to know if I can claim dual citizenship or does being adopted rule this out? I have relatives in England and would like the same rights as my natural siblings.
Thanks for any advice re this.
I'm 44 years of age. I was adopted at birth as my Irish Catholic parents couldn't handle the shame of having a child out of wedlock, their words not mine.
My adopted parents were vile and ignored me being abused for a number of years. The culprit eventually confessed and served four years.
i have not seen my adopted parents for over 21 years and have no intention of ever seeing them again. This has suited me as I've done very well for myself.
After my daughter was born I reconnected with my biological parents who I really get on well with.
I mentioned to my biological parents that I was going to enquire as to whether I could legally eliminate my adopted parents from my life and the joy in their faces was huge. I know we are a family now no matter what a bit of paper says but I know they would love for me to be deemed their child in the eyes of the law.
Basically I'm asking is there any way I can divorce these losers from my life ?
My brother in law received an e-mail from a girl saying that she is my husbands daughter and the she would like to get some information and some questions answered.
Is it ok for my husband to reply to her or does it have to be through a third person?
My question is " if I was to die, could birth mother come back into her life and get custody ?"
Adoption = mental slavery. Period.
GROUPTHINK WINS! AND THE INDIVIDUAL'S (adopted child's) NATURE IS DESTROYED FOR THE SAKE OF GROUP IMAGE.
They are the sheep, who I was forced to blindly follow until I could see my destination of a coffin.
I jumped ship after I found my Mum and I would have (no doubt) ended my life if I hadn't found her/my nature/my soul/my self/my heart.
THE ROLE OF ADOPTIVE PARENTS IS TO BRAINWASH 'SOMEBODY ELSE'S' INNOCENT CHILD INTO BELIEVING THAT THEY ARE THEIRS (BECAUSE THEY RAISED THEM)??? A BLATANT LIE.
I RAISED MY KITTEN, SO DOES THAT MAKE ME HER MOTHER??
How dare you disgusting women put yourselves in the shoes of the child's real mother. How dare you, seriously?? I hope that an adopted child kills their adopted parents for the lies they are forced to live for an eternity.
It would be a warning sign to 'ALL OF YOU' and better for them to kill the people causing the misery than themselves.
Adoptive parents would deserve it. And funnily enough, I never hear of adoptive parents committing suicide but I hear of adoptees doing it all of the time.
I can teach a child that a wall is blue (it might be red) but the child will agree with me in the end, that's why we see (decent people see) lying to children as both wrong, immoral and abusive. Because the child doesn't have a strong enough psychology to challenge those lies.
The will do. When they are older they will. And I hope (just like me) that they will set an example for truth, honesty and the ethical treatment of other people's children, which starts with the equal and human rights of all children.
Instead of the example being set by the adults (adoptive parents) which is to lie, manipulate and deceive other people's children for their own gains.
The truth would scare most people if they'd never lived a moment of it. The trick of the adoptive parents is to keep the adopted child in the dark. And the truth about adoption is that the adoption industry sells the adopted child's nature in exchange for a home.
A win, win for the adoptive parents. And a path to a mental health disorder for the adoptee, who will tell the lies, because they are not informed that their identity should have never been taken away from them. Not by anyone. Least of all the adoptive parents (the very people who will capitalise on the child's loss).
Adult adoptees claiming they are happy to be adopted??? Oh, Puh-lease!!! It's called emotional blackmail. It's also called brainwashing/self-delusion and loyalty to Mum & Dad.
You know, those people who aren't really Mum & Dad, but who need somebody else's child to pretend that they are???
Only if the adoptee refused to tell their lies would you see the real adoptive parents (as a truthteller, I've seen the reality of telling the truth to deluded
As a 10 year old I was adopted by my stepdad. My real dad lived in HongKong at the time and consented to the adoption. Ten years later my real dad came back into my life, we have a really strong relationship. My question is my birth certificate states my stepdad as my dad , his name is also on my marriage certificate. Can I have them changed to show my real dad as my dad and not my stepdad. I am now 52 years old, even though I am now married and have a completely different name I cannot put into words how unhappy it makes me feel having someone else's name on my birth certificate other than my real dad. I don't have a relationship with my step father , even when asked at ten years old if I was happy to take his name , on the inside I wanted to scream no , but was not courageous enough to say what I was feeling. Hope someone can help Thank you .
As you can imagine he is now more confused than ever, he tried to contact his mother but unfortunately her and her parents were not willing to give him straight answers to any of the questions he asked an he's desperate to find out what the truth is, why the social services didn't want to give him his file, why his file is so thin and we really don't know where to start to get any of this information. Can anyone suggest what steps we can try ? He has no faith in the social services and is scared that there is some thing horrible that they have tried to cover up. It's made him ill and he's struggling to understand why his file was so hard to get, he'd like to know if there's anyway he can find out what forms he should of expected to see in his file and how he can find out why his didn't have them in.
Any help or suggestions would be greatly appreciated.
Thanks in advance
I have tried to read the adoption law and I would like to know the legal side of things if this is in fact legal if before 2005 you had a child adopted and the paper was signed by the mother if she was under the age of 18.
Does she have any rights or is there anything we need to do officially to make sure the Will is water tight ?
My partner is an adoptive parent,her Daughter is detained under the Mental Health Section.Can you tell me if this Removes all her rights as a Parent?.Recently there was an occurrence where they changed her Medication that in turn caused her to have Fits.In one of these fits she sustained injuries that required her to go to hospital.My Partner was Not Informed of this. Is that correct or should she have been informed.??.
Regards
Chris Brewer.
I feel terrible guilt to the son and mother after all these years.
I feel at nearly 59 years old I need to ask a lot of questions but don't know where to start regarding how his life panned out,but frightened of knock backs.
She allows me no contact but keeps asking for money from my son, yet he has no rights to access as myself.
A couple of weeks ago I found out I had a brother who will be coming up 9 this year. I got in contact with the birth mother and she told me he had died 4 years ago. After search many hours through Facebook I came across a status that indicated he was in care. I sent off for a birth certificate but his DOB must of been incorrect :( I also have contacted SS regarding this but because my dad isn't on the birth certificate they can not make a link to us being related. Is there anything else I can do? I don't even know if he is dead or alive
I have no idea of how to find out this kind of information as the local letterbox contact service shut down some time ago. he would be almost 21. If he is alive then this is one sick joke. just hope his moms not making this all up. would be grateful for any help and advice. many thanks
I was adopted by my eant and her husband when I was child under18, and I live whith them in US, now I'm 21 years old and I have baby, we have a little problem and her husband wan to bring me back to home in Africa. My question is, is that possible if I don't want to go back? I'm American citizens and have social security number, is that possible.
Does anyone deserve a second chance in life from doing wrong to do good and be the right person for there child and to point them in the right way of life.. and to makes sure they dont do they same mistakes...
The system is corrupted and it destroys peoples lives due to not having the chance to do right and to prove that they can be a better person than before..
Looking for advice which I can use in court to get my daughter back in my care
Thanks
I have had no contact with that family since I left aged 14 - The ignorance and arrogance of the system is further proving that to annul adoption is not warranted mainly because the influx of applications would prove exactly how false the `happy ever after` story actually is
- There should be no such thing as adoption, No such thing as a complete removal of biological ties because the person it affects most is without ability to consent to the act, how this is even considered `decent` is beyond me... Its legalized theft and trafficking of a human life
Time, effort and money assisting families, biological parents etc is the most sensible route to a happy family - not separating and destroying everyone involved - Those who adopt are indeed wanting to provide a loving home but, life aint so black and white and people need stop with the selfish belief they are fantastic martyrs to a needy child - its a degrading perspective.
Adoptees are quite literally coming out of the woodwork with their stories concerning attachment issues and loss of identity yet, the law stands firm on the deed is done now live with it - why should we? It was their arrogant mistake not ours.
Many people suffer in adoption alongside the biological parents (who in 90% of cases were at that point in time without the appropriate care and support). In fact it would be rare to say that anyone involved does not suffer.
The system is an ugly predator under guise of `best interest`- Which it only takes a tiny amount of research to prove there is no best interest to anyone other than those who could provide a loving home without forcing their name upon a child.... Why is it okay that they will only care for a child if their name is forced upon that child? What makes that in any means acceptable?
Foster parents are far more the better.
My siblings suffered as they were sent to school (aged 8 and 10) and I was kept home (children`s home 1980) I was snuck off in secret.
I then suffered with attachment issues and psychological behavioural issues from the onset - (the list is long) The strain on the adoptive parents causing them to resent me in a manner of pure hatred.
This was all in my best interest (gotta laugh) I left at 14 and went completely off the rails.
Now, all I want is my identity back and am told there is no rights for me to do this..... I had no say as a child and have no say as an adult - its a joke, an ugly joke but, a joke nethertheless.
I want to reverse the adoption based on all of this, do you think there is a chance?
i get to send 1 letter a year but im not allowed to see h face to face please help
im 14 yrs old I got adopted when I was just the age of 6 and ive been wondering ever since I was adopted if I would ever be aloud to go back and live with my birth family or at least be able to contact them? and is there anything like unadopting myself? or can I take this to court? as im now in residential care and ive been in residential care for nearly 2yrs and a half as my adopted parents abused me and my brother a lot and quite badly will I be able to take this to court? and will I be ever able to see my birth family again? before its to late?
I am 26 years old adult male Cameroon with a Bachelors degree in law.My late father passed away as a result of poisoning during the 2013 parliamentary elections in Cameroon.I hardly know my mum and i am a lone child.I wish to be adopted,by a family willing to show me concern and care.Please can i be recommended.Please counsel.
Please help we need to get him back home who can help us ?
Is someone able to advise please?
My sister passed away recently and I am executor for her will. My sister left her grandson some money for when he is 18, but he is sadly under social services care and is in the process of being adopted.
What can I do to ensure he gets his inheritance?, am I allowed to set up a trust fund for him?
Any help with this would be great....Thankyou
I'm looking for some information on reversing a surname change. My situation is, I was given my biological fathers surname at birth and this was on my birth certificate. Then my parents split when I was one year old and i was raised by my mother and step father who adopted me so I have a adopted child birth certificate with my stepfathers surname which is my surname now.
I would like to know if it's possible for me to reverse the adoption and go back to my biological fathers surname and get my original birth certificate.
I must add I live in Scotland any help you could give me about how I do this would be great.
Please can somebody advise me on some details around an adoption inheritence.
My biological father died (1973) when I was approx 18 months old and my older Brother was approx 4 years Old.
My mother remarried when I was 7 and both myself and my brother were legally adopted by both my biological mother & her new husband in 1979.
In recent months I have been approached by some extended family on my biological fathers side & told of some inheritence that would have passed to my biological father. No will exists and therefore the estate would be divided amongst the family following the blood lines.
The solicitor dealing with the estate has informed me & my brother that as we have been adopted we are not entitled to what would have been our share.
I have tried to research this and can only find information relating to adoption undertaken whilst biological parents are still alive. I understand that generally this is the case although our circumstances are not straight forward.
I would be grateful if anyone can help clarify whether My brother & I would be able to contest this Solicitors opinion as our the only reason we were adopted was due to the fact our biological father had passed away while we were young children.
He had 1 biological son who was adopted under Scottish law by his ex-wife's new husband over 30 years ago & had his legal surname changed to that of the new husband.
Does this mean that the son has no legal claim to any of my brother's estate?
Do i have a right to use my biological parents surname(which is in my birth certificate) as well??
thanks
This is an interesting article I found while trying to work out why as a Canadian born child adopted by British parents I have to pay to become naturalised as a UK citizen even though I have been in the UK since I was 4 years old.
I feel discriminated against and wondered if there might be some European or International law that would force the UK immigration people to give me dual citizenship as my brothers, who were born naturally to my adoptive parents, have as a given.
If you have any thoughts on this please let me know.
Thank you in advance.
Brian
However the writer could improve it by a comparing the EU and the UK Rules with the rules of other developed countries on the issue and add a parag. of his/her views on the present situation of the application of these rules.
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