Domestic Child Adoption
WHAT IS CHILD ADOPTION?
Adoption is the process where the parental responsibility of a child is transferred from the birth parent(s) or any individual or organisation with parental responsibility to the adoptive parent(s).
The child will become a member of the adoptive family.
Adoption is a legal process and is legally binding.
LINK TO THE GOVERNMENT WEBSITE FOR CHILD ADOPTION
WHAT IS THE CRITERIA FOR A CHILD TO BE ADOPTED?
The child must be under 18 years of age and is not married or has ever been married.
The child must also live with the adoptive parents at least 10 weeks before the submission of the adoption application form to the court.
WHO IS ABLE TO ADOPT A CHILD?
Under the adoption and children act 2002, the following can adopt a child:
1. A same sex or opposite sex couple who are married, unmarried or living in a civil partnership and both individuals are aged 21 years and over.
2. A same sex or opposite sex couple who are married, unmarried or living in a civil partnership where one of the individuals is the actual parent of the child and is at least 18 years of age and the other individual is aged 21 years and over.
3. An individual who is single and aged 21 years and over.
4. An individual who is the partner of the child’s parent or the partner of the person with parental responsibility and aged 21 years and over
5. An individual (either partner) must have a permanent home in the United Kingdom
6. An individual (either partner) must have lived in the United Kingdom for a minimum period of a year before applying to be an adoptive parent.
Under section 42 of the adoption and children act 2002 the following conditions also have to be met in certain cases:
1. If local authority foster parents would like to submit an application for adoption then the child must have lived with the foster parent for at least 12 months prior to the application. The local authority can support and help with their application for adoption. If the local authority does not support the adoption application then the local authority foster carer can make an adoption application themselves as long as they meet the criteria for adoption.
2. If a step parent is not married to or in a civil partnership with the child’s parent and would like to submit an application for adoption then the child must have lived with the step parent for at least 24 weeks (6 months) prior to the application. Under section 46(3) of the adoption and children act 2002 the step parent can submit a sole adoption application to the court.
If the adoption is successful the step parent will get parental responsibility for the child. The birth parent of the child who is the partner of the step parent will also have parental responsibility. The other birth parent will lose their parental responsibility.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY?
(Further down on this webpage we discuss ‘notice of intention to adopt’ which must be submitted to the local authority. In the case of a step parent they must inform their local authority at least 3 months before they submit an adoption application form to the court. This will allow the court to ask local authority social workers to do an adoption assessment and provide a report on you, your step child, your partner and the other birth parent)
3. In some adoption cases (with relatives or private foster carers) the child must have lived with the person or couple submitting the adoption application for at least 3 years of the 5 years prior to the application. This does not have to be continuous. The relatives or private foster carer may already hold parental responsibility through a child arrangements order or a special guardianship order. If this is the case the court will consider the adoption application favourably. If these relatives and private foster carers do not meet the criteria for adoption they can make an application to the court to ask for permission to make an application for adoption. This is explained below.
LINK TO GOVERNMENT WEBSITE FOR SECTION 46 OF THE ADOPTION AND CHILDREN ACT 2002
LINK TO GOVERNMENT WEBSITE FOR SECTION 42 OF THE ADOPTION AND CHILDREN ACT 2002
IF AN INDIVIDUAL DOES NOT MEET THE CRITERIA FOR ADOPTING A CHILD CAN THEY STILL MAKE AN APPLICATION TO THE FAMILY COURT FOR THE ADOPTION?
Under section 42 (5) of the adoption and children act 2002 yes they can but they will need to ask for permission from the court. This can be done by submitting an application for permission to the family court alongside the application for adoption or prior to it. The form used to apply for permission is form C2. The application form used to apply for adoption is discussed further down on this webpage.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C2
LINK TO GOVERNMENT WEBSITE FOR SECTION 42 (5) OF THE ADOPTION AND CHILDREN ACT 2002
PLEASE NOTE – Prior to an application for adoption being submitted to the court, the local authority must be informed so they can do some checks and investigations. This is called notice of intention to adopt. The court will take these checks and investigations into account. This is discussed later on in this webpage. However, when an application form (form C2) is being submitted for permission to adopt by itself then this must be considered, agreed and issued by the court first before the local authority is sent a notice of intention to adopt. This is discussed further down below on this webpage.
WHO HAS TO CONSENT TO A CHILD BEING ADOPTED?
Both the child’s birth parents have to agree to the adoption or anyone else with parental responsibility (guardian) unless they are mentally incapable of agreeing or nobody knows where they are.
If a child is in danger or risk and adoption is in the best interest of the child then the parents consent may not be required. The court will decide this.
WHAT ARE THE ROUTES FOR ADOPTING A CHILD?
To adopt a child an application has to be submitted to the family court.
There are 2 routes to send this adoption application form to the family court:
1. PRIVATE OR NON AGENCY ADOPTION – Adoption can be arranged directly between the parents of the child and the individual(s) who are adopting the child. The individual(s) adopting the child will submit the adoption application form to the family court. The application form for this route is form A58.
LINK TO OUR L.I.P HELP GUIDE FOR FORM A58
The local authority must be informed of this adoption at least 12 weeks before submitting the adoption application form to the family court.
Your local authority will do an assessment of the adoptive parent(s). The findings will be written into a report. A copy of the report will be sent to the family court to help them make a decision.
For private or non agency adoption the applicant is the individual completing and submitting form A58 to the court. The respondent can be the birth parents or anybody else with parental responsibility and the local authority.
2. AGENCY ADOPTION – Adoption can be arranged by the local authority adoption agency or a voluntary registered adoption agency. They will match a child with the prospective person(s) seeking to adopt and help them submit an application form to the family court. This is the case for looked after children (children in care), where a child has been taken away from their birth parents due to safety or where a child has been abandoned by their parents.
LINK TO GOVERNMENT WEBSITE TO ADOPT A CHILD THROUGH YOUR LOCAL AUTHORITY ADOPTION AGENCY
LINK TO WEBSITE FOR VOLUNTARY REGISTERED ADOPTION AGENCY (CVAA)
Whether the adoption agency is part of the local authority or a voluntary one the local authority will conduct an assessment. The assessment will include preparation classes, visits to your home, police check, obtaining references, and a medical examination.
The findings of this assessment will be written into a report. A copy of the report will be sent to the individual who was assessed and an adoption panel. The adoption panel will decide if the individual being assessed is suitable for adopting a child and will inform the adoption agency.
If the answer is yes the adoption agency will match a child to the person wanting to adopt.
If the answer is no, the person wanting to adopt can question the answer in writing or contact the Independent review mechanism to review your case.
LINK TO GOVERNMENT WEBSITE FOR THE INDEPENDENT REVIEW MECHANISM.
HOW LONG CAN DOES IT TAKE TO ADOPT A CHILD?
It can take a minimum of 6 months to adopt a child.
IF THE ADOPTION IS BETWEEN THE CHILD’S PARENTS AND THE INDIVIDUAL(S) ADOPTING THE CHILD AND DOES NOT INVOLVE THE LOCAL AUTHORITY OR AN ADOPTION AGENCY THEN DOES ANYONE NEED TO INFORM THE LOCAL AUTHORITY?
Under section 44 of the adoption and children act 2002 any individual who is considering submitting an application form to the family court for adoption must inform their local authority. The timeline for this is between 2 years prior to the application and 3 months before the application is submitted.
This is called a notice of intention to adopt.
The local authority will ask a social worker to make enquiries, conduct interviews and write a report for the family court. The family court will take this report into consideration when they assess the adoption application form.
LINK TO GOVERNMENT WEBSITE FOR SECTION 44 OF THE ADOPTION AND CHILDREN ACT 2002
WHAT IF THE CHILD’S BIRTH PARENTS OR GUARDIAN DO NOT CONSENT TO THE ADOPTION THEN WHAT WILL HAPPEN?
The court will take lack of consent into consideration at the first hearing and try to resolve it before a final hearing. Where the consent issues cannot be resolved it can be considered at the final hearing.
The court will have to decide whether the consent of the birth parents and/or the guardian can be dispensed with (waived). There are 2 ways this consent can be dispensed with:
- The birth parents and/or the guardian are unable to give consent. This could be for a number of reasons.
- Under section 52(1) of the adoption and children act 2002 it is in the best interest and the welfare of the child for consent of the birth parents and/or the guardian to be dispensed with.
DOES CAFCASS GET INVOLVED IN THE ADOPTION PROCESS?
Whether the adoption is a private non agency adoption or an agency adoption, once the adoption application is submitted to the court, they may ask Cafcass to get involved to make sure the birth parents or anyone with parental responsibility and the adoptive parents have full understanding of the whole process and the implications. Cafcass will also make sure the birth parents or anyone with parental responsibility agree with the adoption.
WHAT IS AN ADOPTION CERTIFICATE?
Once an adoption has been finalised by the family court the general register office will issue an adoption certificate to replace the original birth certificate.
You can purchase a copy by post or online. It will cost £11. You will not automatically be given a copy.
LINK TO GOVERNMENT WEBSITE FOR ADOPTION CERTIFICATE APPLICATION FORM (APPLY BY POST)
LINK TO GOVERNMENT WEBSITE FOR ADOPTION CERTIFICATE APPLICATION FORM (APPLY ONLINE)
WHAT IS THE ADOPTION SUPPORT FUND?
The aim of the adoption support fund is to help families pay for therapy to better their relationships with each other.
A social worker must submit the application form for this funding.
LINK TO GOVERNMENT WEBSITE FOR ADOPTION SUPPORT FUND
CAN A CHILD HAVE CONTACT WITH THEIR BIRTH FAMILY ONCE THEY ARE ADOPTED?
Yes they can but this will depend upon the individual case and whether it is in the best interest of the child. If it is then the court will decide which type of contact will be allowed.
DIRECT CONTACT – Direct contact means telephone contact and in person contact. The court may allow direct contact between the child, the child’s siblings, the child’s birth parents and the adopted parents. However, this is mostly in cases where there are siblings involved.
INDIRECT CONTACT – Indirect contact is a process called ‘confidential letterbox contact’. Letterbox contact is where a child or birth parents can send letters and photos to each other a few times a year. The organisation who operates this service will handle the whole process. At no times will the contact details including addresses of the birth family and adoptive family be disclosed.
Contact between an adopted child and their siblings and birth family is called post-adoption contact. It is discussed in section 51 (A) of the adoption and children act 2002.
LINK TO GOVERNMENT WEBSITE FOR SECTION 51 (A) OF THE ADOPTION AND CHILDREN ACT 2002
Where the family court has not allowed or agreed to contact, if the child, their siblings, birth parents and adoptive parents would like to have some contact then an application can be made to the family court to consider contact. The form used for this is form A53.
LINK TO OUR L.I.P HELP GUIDE FOR FORM A53
Form A53 can also be used to apply to the court to restrict or stop contact.
Everybody other than the child and adoptive parents (siblings and birth parents) who will be submitting form A53 must ask the court for permission to apply first. They can do this by completing and submitting form C2. Form C2 can also be submitted alongside form A53 if need be.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C2
CAN AN ADOPTED CHILD GET ACCESS TO THEIR BIRTH CERTIFICATE AND ADOPTION DETAILS?
If the birth and adoption was registered with the general register office (GRO) then yes they can once they are 18 years of age.
At 18 plus years of age the adopted person will be given access to their birth records and obtain details about their adoption.
OBTAINING A BIRTH CERTIFICATE
If they know their date of birth – They can order their birth certificate from the general register office if they know their date of birth.
LINK TO GOVERNMENT WEBSITE FOR CONTACT DETAILS FOR THE GENERAL REGISTER OFFICE
If they do not know their date of birth – They can contact the ‘birth certificate information before adoption service’ (called BIBA for short). The application form is different for a person who lives in the UK or lives out of the UK.
OBTAINING ADOPTION DETAILS
A person can email the general register office on adoptions@gro.gsi.gov.uk for information. The general register office will have an adoption adviser that can help.
When an adopted person has their birth certificate they can contact the family court where the adoption court order was granted and ask for access to their file. If there was an adoption agency involved their name will be in the file.
A person can also add their details to the adoption contact register. The form needed is called form CR PART 1.
LINK TO GOVERNMENT WEBSITE FOR INFORMATION ABOUT THE ADOPTION CONTACT REGISTER.
LINK TO OUR L.I.P HELP GUIDE FOR FORM CR PART 1
WHAT IS A GUARDIAN AD LITEM?
A guardian ad litem is a person chosen by the court to care for and look after the child’s interests, wishes and rights during care proceedings where social services have made an application for a care order or if adoption proceedings are contested.
WHAT ABOUT INTERCOUNTRY CHILD ADOPTIONS?
We have a separate write up on intercountry child adoption elsewhere on this website where we go into great detail about the international aspects of intercountry adoption. Please click on the link below.
LINK TO OUR L.I.P HELP GUIDE FOR INTERCOUNTRY CHILD ADOPTION