Jurisdiction(s):
United Kingdom

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Key definition

Adoption definition

What does Adoption mean? Adoption is the court process by which an adult or couple becomes a child’s legal parent(s), permanently replacing the legal status of the birth parent(s). When an adoption order is made, parental responsibility (England & Wales and Northern Ireland) or parental responsibilities and rights (Scotland) transfers in full to the adopter(s); the birth parents’ legal rights and duties are extinguished, subject to any contact the court may authorise. The child is treated in law as the child of the adopter(s) for all purposes, including name, birth registration and inheritance. The law is statutory in each jurisdiction (for example, the...

The 'no order' principle under the Children Act 1989: scope, application and case law in private children proceedings (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines the ‘no order’ principle in section 1(5) of the Children Act 1989 (ChA 1989), when it arises in private children cases, and how courts have applied it. When deciding whether to make any order under the ChA 1989 about a child, the court must not do so unless satisfied that making an order is better for the child than making none. This provision is designed to deter unnecessary court orders; by confining intervention to cases needing a specific solution, it should reduce conflict and foster parental co‑operation and agreement, with parents encouraged to sort matters consensually. The underlying idea is that the court should not interfere with parents’ exercise of Parental Responsibility unless necessary. Opting for ‘no order’ is a conscious, welfare‑driven decision.

When does the no order principle apply?

The principle applies whenever the court considers making one or more orders under the ChA 1989. It has no direct application to proceedings outside that Act, such as wardship proceedings...

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Web page updated on 27/05/2026

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