Early stages of adoption

To adopt a child you can go through either: an adoption agency that’s part of your local council a voluntary adoption agency The adoption process Contact an adoption agency - they’ll send you information about the adoption process. The agency will arrange to meet you - you may also be invited to a meeting with other people wanting to adopt a child. If you and the agency agree to carry on, the agency will give you an application form. The adoption approval process normally takes around 6 months. You will then be matched with a child for adoption.

Once the agency gets your application it will do the following: Invite you to a series of preparation classes - these are normally held locally and give advice on the effect adoption may have on you. Arrange for a social worker to visit you on several occasions to carry out an assessment - this is to check you’re suitable to become an adoptive parent. Arrange a police check - you will not be allowed to adopt if you, or an adult member of your family, have been convicted of a serious offence, for example against a child. Ask you to provide the names of 3 referees who will give you a personal reference. One of your referees can be a relative. Arrange for you to have a full medical examination. If you want to adopt a child you’ve been fostering, you still need to be assessed and approved as adoptive parents. Your assessment The social worker will send the assessment report to an independent adoption panel. This is a group of people who are experienced in adoption. The panel will make a recommendation to the adoption agency based on your assessment. You can go along to ask questions and answer any questions the panel has. The adoption panel will send their recommendation to the agency, which will then decide whether you’re suitable to adopt a child. If you can adopt a child Once your agency decides you can adopt, they’ll begin the process of finding a child. The agency will explain how the process works and how you can be involved. If you live in Wales your agency can refer you to the National Adoption Service for Wales . This holds details of children across Wales who need adopting. If an adoption agency says you cannot adopt If you disagree with an adoption agency’s decision, you can either: challenge their decision by writing to them apply to the Independent Review Mechanism , which will look into your case You can also contact other adoption agencies - but you’ll have to start the process again.

Applying for an adoption court order

To make an adoption legal, you need to apply for an adoption court order. This gives you parental rights and responsibilities for the child. How to apply If you want to adopt a child already living with you following a court placement order (known as ‘post-placement adoption’), you can apply online. You must apply by post for all other types of adoption such as: adopting a stepchild adopting a child from overseas adopting a child when you’re their special guardian adopting a child under the age of 6 weeks whose parents have asked for the adoption Fees The court charges a fee of £201 to process an application. If you apply for post-placement adoption online, you can pay by credit or debit card. If you apply by post, you can pay by credit or debit card, cash, cheque or by Bacs. If you’re adopting more than one child You’ll need to complete a different application for each child. You’ll only pay one fee if you submit: all the applications on the same day, using the same account online all the forms at the same time by post Apply online for a post-placement adoption The child must have lived with you for at least 10 weeks before you apply. You’ll be asked for some personal details about: yourself and your partner, if you have one the child including how long they’ve been living with you Your application is only seen by the court and relevant adoption agencies or authorities. You will also be asked for information that is on the child’s placement order, for example: the name of the local authority who placed the child in your care the court which made the order the name of your social worker the name of the child’s social worker If you do not have the placement order, your social worker or adoption agency will have this information. You can save your progress and return to your application. Apply now Apply by post Most applications for adoption orders are done at a Family Court . You need to send the court a completed application for an adoption order - Form A58 . If you’re adopting a child when you’re their special guardian, they must have been living with you for at least 3 of the last 5 years. After you apply It can take up to 6 weeks before the court contacts you about a hearing date. You do not have to attend any hearings. When you’re granted the order Once the order has been granted: the adoption becomes permanent the child has the same rights as if they were your own birth child, for example the right of inheritance The order also takes away parental responsibility from: the child’s birth parent or parents anyone else who has parental responsibility for the child Getting an adoption certificate If your application is successful, the General Register Office will create an adoption certificate. This replaces the original birth certificate, and shows the child’s new name. If you want a copy of the new certificate you need to buy one - you will not get it automatically. A ‘full’ copy of the certificate costs £11. You can order: a certificate online a certificate by post You need the full version for most legal tasks for your child, for example getting a passport.

You need to tell your local council if you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order. The child must also have lived with both of you for at least 6 months. The adoption assessment The process to adopt is similar to an assessment through an adoption agency. The assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel). The court will ask your local council to provide a report on: your partner the child the other birth parent The report will be prepared by a social worker and will be used to help the court make a decision. If granted, the adoption court order gives you parental responsibility for the child - along with your spouse or partner. The order also takes away parental responsibility from: the child’s other birth parent anyone else who has parental responsibility for the child An adoption order cancels any other type of court order, such as how and when the child’s birth parent can visit the child.

Adopting a child from overseas

You can adopt a child from overseas if: they cannot be cared for in a safe environment in their own country the adoption would be in their best interests the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the UK If you want to adopt a child from overseas, you should contact a UK adoption agency through: your local council in England and Wales a voluntary adoption agency that deals with overseas adoption There is a different process for overseas adoption in Scotland and overseas adoption in Northern Ireland . The adoption process is similar to a UK adoption and will be done by a UK adoption agency that may charge a fee. If you’re assessed and approved as suitable to adopt a child by a UK adoption agency, they will let you know what you need to do and guide you through these steps. Your application will be sent to the Department for Education (DfE) or your relevant UK Central Authority to check it meets eligibility criteria. DfE or your relevant UK Central Authority will issue a Certificate of Eligibility to Adopt and send it with your adoption application to the relevant overseas authority – some countries require adoption applications and supporting documentation is notarised, legalised and translated. Once matched, you need to visit the child in their own country and confirm in writing that you’ve visited them and want to proceed with the adoption. You may need to go through adoption court processes in the country you’re adopting from and the UK. Once the placement has been finalised, you will need to arrange entry clearance for the child to enter the UK. Fees The DfE charges a non-refundable fee of £2,500 for processing an application to adopt a child from overseas. The fee is exempt from VAT. You’ll be contacted by DfE about how to pay the fee once your application has been accepted. The fee includes case management but does not include legalisation, notarisation or translation costs. Contact the relevant authority to find out about fees and procedures in Scotland, Wales and Northern Ireland . Restrictions The UK has restricted adoption from the following countries: Cambodia Guatemala Nepal Haiti Ethiopia Nigeria You can read about the reasons for the restrictions for each country. How to make an exception request If you want to adopt a child from a restricted country, you will need to set out the reasons in writing why your case is exceptional (for example, adopting a family member) and provide supporting evidence. Find out how to make an exception request to adopt a child from a country on the restricted list. You’ll need to follow a different process for dealing with restricted countries in Scotland . Contact the Scottish Government for enquiries about restrictions in Scotland. Scottish Government intercountry adoption team intercountryadoption@gov.scot If you live abroad You must follow the adoption laws of the country you’re in if you’re normally resident in that country and want to adopt. You must follow UK adoption law if you’re normally resident in the UK, the Isle of Man or the Channel Islands. This is sometimes called ‘habitual residence’ and can apply even if you’re living abroad at the time of the adoption. If you’re unsure of your residence status, you should get your own independent legal advice before proceeding with an adoption. You may have to give a sworn statement in front of a solicitor that you’re no longer habitually resident in the UK, the Isle of Man or the Channel Islands if the country asks for a ‘no objection’ letter from the UK government. You must send this statement, along with a copy of your passport, either to the Intercountry Adoption Team at the DfE or the nearest British embassy. If you’ve adopted a child – either in the UK or overseas - and then travel or move to a third country, the adoption may not be recognised in that country. If you have any doubts you should get independent legal advice. Registering an adoption You can apply to register an overseas adoption in the Adopted Child Register for England and Wales if: the adoption took place in certain overseas countries the parent or parents were habitually resident in England and Wales at the time of the adoption the parent or parents can provide all the supporting documents You should read the guidance notes before filling in the form to register with the General Register Office ( GRO ).

Birth parents: your rights

For another couple (or person) to adopt your child, you normally have to agree to it. Once your child is adopted, you no longer have parental responsibility for them. Depending on the child’s situation, you may be able to stay in contact with them. This is often done using letters and photographs (and sometimes meetings) through the agency responsible for arranging the adoption. Fathers’ rights As the child’s father you’ll be asked to agree to the adoption - but only if you have parental responsibility. If you were never married to the child’s mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility. Trying to stop the adoption process If the adoption process has started, you should get legal advice from a solicitor or Citizens Advice . To make an adoption legal, a court has to grant a court order. The agency arranging the adoption must let you know what your rights are - and also at what point the adoption cannot be stopped. If you do not want your child to be adopted, a court will give you the chance to say why. A social worker, independent of the adoption agency, will visit you and: record the reasons you do not want your child adopted let the court know these reasons - you can go to court to explain them An adoption order cannot be made unless the court thinks it’s in your child’s best interests. Adoption without your consent A court can decide the adoption can go ahead without your consent if: it thinks the child would be put at risk if they were not adopted - it will send you the evidence they have been given, for example from social services you’re incapable of giving consent, for example due to a mental disability

Child adoption

Overview

To be adopted, a child must:

be under the age of 18 when the adoption application is made
not be (or have never been) married or in a civil partnership

This guidance applies to England and Wales. There’s different child adoption guidance if you:

This guide is also available in Welsh (Cymraeg).

The child’s birth parents

Both birth parents normally have to agree (consent) to the adoption, unless:

they cannot be found
they’re incapable of giving consent, for example due to a mental disability
the child would be put at risk if they were not adopted

Who can adopt a child

You may be able to adopt a child if you’re aged 21 or over (there’s no upper age limit) and either:

single
married
in a civil partnership
an unmarried couple (same sex and opposite sex)
the partner of the child’s parent

There are different rules for private adoptions and adoptions of looked-after children.

Living in the UK

You do not have to be a British citizen to adopt a child, but:

you (or your partner, if you’re a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man
you (and your partner, if you’re a couple) must have lived in the UK for at least 1 year before you begin the application process

Adoption Support Fund

You may be able to get funding from the Adoption Support Fund. It provides money for therapy for children and families to help improve relationships, confidence and behaviour. Your social worker can apply for you.

If you’re not happy with how the social worker has handled the application, complain to the council. If you’re not happy with the council’s response, contact the Adoption Support Fund team.

Adoption Support Fund team
[email protected]
01223 463 517

View a printable version of the whole guide

Child adoption

Overview

The child’s birth parents

Who can adopt a child

Living in the UK

Adoption Support Fund

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Child adoption

Overview

The child’s birth parents

Who can adopt a child

Living in the UK

Adoption Support Fund

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