WHAT IS FORM A58 USED FOR?

Form A58 is the form used to make an application to the family court for the adoption of a child. This form is used for a private and non agency adoption. 

The applicant is the individual completing and submitting the application form for adoption. 

The respondent(s) is everybody that needs to be notified of the application. They are every individual with parental responsibility or any individual named in a child arrangements order. Occasionally the child can also be included as the respondent. The local authority will also be included in the respondent list. 

PLEASE NOTE – 

1. Where adoption is arranged by a local authority adoption agency or a voluntary registered adoption agency they will submit their forms to the court themselves. 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. This is referred to as agency adoption.

2. Where an adoption is taking place where the child and the adoptive parents habitually live in different countries but both countries are part of the 1993 Hague Convention the form required to be submitted to the court is form A59.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A59

LINK TO OUR L.I.P HELP GUIDE FOR THE HAGUE CONVENTION ON PROTECTION OF CHILDREN & CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION 

3. Where an adoption is taking place where the child has been brought to the UK for adoption from a country that is not part of the 1993 Hague Convention the form required to be completed and submitted to the court is A60.

LINK TO OUR L.I.P HELP GUIDE FOR FOR A60  

For the eligibility of an individual or couple to adopt please read our help guide for domestic child adoption.

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION.

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM A58?

The government has issued a guide to complete form A58 at present. Please click the link below.

LINK TO GOVERNMENT WEBSITE FOR GUIDE – APPLICATION FOR AN ADOPTION ORDER (A58) NOTES ON COMPLETING THE FORM.

Please read our webpages for domestic and intercountry child adoption for complete background information regarding adoption

LINK TO OUR L.I.P HELP GUIDE FOR DOMESTIC CHILD ADOPTION

LINK TO OUR L.I.P HELP GUIDE FOR INTERCOUNTRY CHILD ADOPTION

WHAT IS THE FEE TO SEND FORM A58 TO THE COURT AND HOW TO PAY FOR IT?

There is a fee to submit form A58 to the court. It is £183.00

Please click on the link below to government guide EX50 page 15 for family court fees.

LINK TO GOVERNMENT GUIDE EX50 FOR FAMILY COURT FEES

• Please attach a cheque or postal order made payable to HM Courts & Tribunal Service.
• If you are on certain benefits or on a low income, you can apply to the court to have your fees paid for you. The form you need is called form EX160. You can complete and submit the form online or download a hardcopy from the government website. You will need to attach proof of your benefits, your income, and/or 3 months bank statements. The government website also has the EX160A guidance notes which you can download and read to help you complete form EX160. You can send the completed form EX160 with all attachments along with your completed form A58 for the court to consider. Or you could have sent your completed form EX160 to the court in advance and received a ‘help with fees’ reference number starting with HWF to forward to the court.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX160 (Here, you can access both form EX160 & EX160A guidance notes) 

HOW TO COMPLETE FORM A58 AND WHERE TO SEND IT

Please make sure you have the following government guidance notes open in front of you when you complete this form. Please click the link below. 

LINK TO GOVERNMENT WEBSITE FOR GUIDE – APPLICATION FOR AN ADOPTION ORDER (A58) NOTES ON COMPLETING THE FORM.

• NOTE 1 – If you are completing and sending form A58 into the court then you are known as the petitioner or applicant. Everyone else who needs to be notified is known as the respondent. These are individuals with parental responsibility and anyone involved or affected by this application including the local authority.. 
• NOTE 2 – You can complete form A58 online, then print a hard copy and sign and date it. Alternatively you can download it, print it and then complete it by black pen; 
• NOTE 3 – If you find there is not enough space to complete your answers on your form A58 then please use additional sheets of paper to continue and attach them to your supplementary form. Please write your name, address, and question number on the top of your additional sheets of paper. 
• NOTE 4 – Please send at least 3-4 copies of form A58, any evidence and any other forms to the court. The court will distribute the copies accordingly. One copy is required for the court, one for your local authority and one for each party in the proceedings and Cafcass.
• NOTE 5 – Please keep a copy of your form A58 and any attachments for yourself outside of the ones you send to the family court.
• Form A58 is 15 pages long.
• On the top of page 2 you will be asked to write your(s) and your partner’s (if applicable) full name in the space provided, and the full name of the child that you wish to adopt. The name of the child must be the exact name on their birth certificate or the name entered into the adoption register.
• Part 1 on page 2 will ask you details about you (the first applicant) and the same details about your partner if they are also adopting (the second applicant). The details that are being asked are:
  1. Title. 
  2. First name and surname. If your name is not the same one as on your marriage certificate or birth certificate and you have changed your name by deed poll then please explain this on a separate piece of paper and attach a copy of the deed poll. 
  3. Address, 
  4. Contact telephone number, 
  5. Date of birth, 
  6. Nationality, 
  7. Occupation. When it comes to writing your occupation you must write the full title of your occupation such as self-employed plumber, retired school teacher, doctor or school headmaster. If you write ‘retired’ or ‘self-employed’ or ‘part-time owner’ by itself this will not be accepted. If you also write ‘worker’ or ‘employee’ this will not be accepted. A company name will also not be accepted. You must write your occupation. If you are a member of the HM forces you must give your rank and profession. If you are unemployed or unable to work because of a disability you must write your last profession. 
  8. Gender, 
  9. Relationship to the child. If you do not have any relationship with the child you must write ‘none’.
  10. Next at the top of page 3 you will be asked for your solicitor details 
  11. You will then be asked if you (or your partner the second applicant if applicable) are domiciled in the UK or either of you are habitually resident in the UK for at least a year before this application. 
      • Habitually resident in the UK means – This is where yours and/or your ex-partners life is based, you work and your children go to school in the UK. You are settled and your main family life is in the UK. 
      • Domiciled means – This is where your permanent home is where you live or intend to come back to.
  12. If you are applying as a lone applicant please complete page 4. If you are applying as a couple please leave page 4 and go to part 2 on page 5. On page 4 question l. you will be asked if you are the partner of the child’s father or mother or their other parent. According to the government guide notes (link is above) the words ‘other parents’ refer to:
      • A woman who was in a Civil Partnership with the mother at the time of assisted reproduction and who is a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008.
      • A woman who was not in a Civil Partnership with the mother at the time of assisted reproduction and who is a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008.
  13. If you have answered the question in section l. above then please go straight to part 2 on page 5 and you do not need to answer sections m to r. Section m will ask if you are the partner (not spouse or civil partner) of a person who is not the child’s parent. If you are, you must give your reason why you are applying alone in the box provided. If you cannot complete your reason in the space provided please continue on a separate sheet. 
  14. If you have answered question m then go straight to part 2 on page 5. Otherwise please answer question n. Question n will ask you to tick box n if you are not married or do not have a civil partner. 
  15. Question o will ask if you are divorced or if your civil partnership has been dissolved. You must attach a copy of the decree absolute/final decree or the dissolution order.
  16. Question p will ask you to tick box p if you are a widow, widower or a surviving civil partner. You must attach a copy of the death certificate.
  17. Question q will ask you to tick box q if you are married or have a civil partner (you must attach your marriage certificate or equivalent) and you can prove 
      • Your spouse cannot be found
      • You have separated from your spouse or civil partner, you both are living apart and your separation is or will be permanent (you must attach your separation order).
      • Your spouse/partner lacks capacity to make this application or is physically incapable of making this application (you must attach evidence).
  18. Question r will ask you to tick box r is you are applying alone for an adoption order for your own child and you can prove to the court that 
      • The other natural parent has passed away (you must attach a death certificate).
      • The other natural parent cannot be found (if you can you must attach evidence)
      • There is no other parent (please read this in detail on the actual form)
      • The other natural parents’ exclusion from this application is reasonable. If this is the case you must give your reasons in the box provided and attach any evidence
• Part 2 on page 5 will ask about the child who you want to adopt
  1. Question a will ask if the boy is a girl or a boy 
  2. Question b will ask for the date of birth of the child. You will be required to attach a birth certificate. If you do not know the date of birth then you must give an estimated date of birth and place and country of birth 
  3. Question c will ask about the child’s nationality.
  4. Question d will ask you to confirm that the child has never been married or has a civil partner.
  5. Question e will ask since when has the child lived continuously with you.
  6. Question f will ask if the child was placed with you by an adoption agency. If you tick the ‘yes’ box you will need to complete question g and h, ignore question i and go straight to question j. If you tick the ‘no’ box then ignore questions g and h and complete question i. 
  7. Question g will ask the date the child was placed with you and the details of the adoption agency. 
  8. Question h will ask whether another agency has been involved in placing the child with you. If so you will need to write the details in the boxes provided.
  9. Question i will ask if you have notified your local authority about your intention to apply for an adoption. You will be required to provide their details. 
  10. Question j will ask about any placement orders, freeing and permanence orders that have been made for the child by a court in England and Wales. You will be required to give details and attach a copy of the order.
  11. Question k will ask if a local authority has parental responsibility for the child. If they do, you will be asked to give details in the boxes provided.
  12. Question l will ask you about any maintenance order/agreement that has been agreed with the child support agency. If it has, you will be required to give details in the boxes provided. You must also attach a copy of the order if you have one.
  13. Question m will ask you to give details of any other orders or proceedings (past and present) that affect the child. If there are, you will be asked to write the details in the boxes provided. You must also attach a copy of the order.
  14. Question n will ask you about any court cases you know about that concern a child (sibling or step sibling) related to the child you are adopting. If there are, you must provide the details in the boxes provided. You must also attach a copy of the order if you have one.
• Part 3 on page 9 will ask about the child’s parents or their guardian. If the child has been previously adopted then you must write these adoptive parents details down.
  1. Question a will ask for the mothers first and last name.
  2. Question b will ask for the mothers address. If she has passed away then you must write ‘deceased’.
  3. Question c will ask you for the mothers nationality
  4. Question d will ask for the mothers occupation.
  5. Question e will ask the second parent is the father or other parent. You will then be asked for their first and last name.
  6. Question f will ask for their address. If they have passed away you must write deceased in the box.
  7. Question g will ask for their nationality.
  8. Question h will ask for their occupation
  9. Question i will ask if they have parental responsibility for the child.You must tick the ‘yes’ or ‘no’ box. If you have answered ‘no’ you will be asked if you intend to apply for a parental responsibility order or a child arrangements order. 
  10. Question j will ask for the first and last name of the child’s guardian if there is one. If not please write ‘not applicable’
  11. Question k will ask for the guardians address.
  12. Before you answer question l please read the writing in the box on the top of page 10 and then answer question l. Question l will ask you if the child’s parents or guardian has consented to the adoption, they have given advance consent or do not oppose the adoption, the child was placed by an adoption agency and there is no opposition or they oppose and do not give consent for the adoption. Question l will also ask if you are asking the court to dispense with the consent. .You must choose the grounds and tick the box. Question l will require you to write a statement of fact about the history of the case and what steps have been taken to track original parents if this is applicable. 3 copies of this statement must be sent to the court. Please remember not to put any contact details on these statements if you do not wish other parties mentioned in this case not to have your contact details. 
• Part 4 on page 11 will ask you to write the full name of the child in the boxes provided how you would like it written on the court order.This is the name that will be entered into the adopted children’s register. 
• You will next be asked to attach health reports for yourself and the child to this form. Please write the dates these reports were done. The date must not be more than 3 months before the adoption application. You will need to send 3 copies to the court. You do not need to attach any medical reports if the child was placed with you for adoption by an adoption agency, or he/she is your child, or the child of the other applicant, or you are applying alone as the partner (including the spouse or civil partner) of the child’s mother or father or other parent.
• You will next be asked to sign a declaration that you have not received money for this adoption.
• Part 5 on page 12 will ask you (the first applicant) and the second applicant to sign and date a statement of truth.
• Page 13 will ask if you or any other party will be speaking Welsh at the proceedings or need court paperwork in Welsh. You will need to give details of everyone who will speak Welsh at the proceedings and need court paperwork in Welsh.
• You will next be asked if there are any dates you cannot attend court. Also if you have any preferred dates.
• You will then be asked if you or any other party need an interpreter or any other assistance such as sign language.
• You will also be asked if you or any other party need any special arrangements because of a disability.  
• Page 14 details a full list of every attachment you may need to send along with your completed form A58. Please go through the list and make sure you attach the ones that are applicable to your case. 
• You must send 3 copies of your form and all attachments to your local family court. The court will keep one copy, send you a stamped copy and send the other one to any other individual who needs to be informed of the adoption such as the local authority.. If there are more individuals involved in the case you must send more copies so the court can send them one. 

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL FAMILY COURT 

WHERE CAN YOU FIND FORM A58/DOWNLOAD THIS FORM?

Please click on the link below to access form A58 from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM A58

WHEN WAS FORM A58 FIRST PUBLISHED AND LAST UPDATED?

Form A58 was first published by the government (HM Courts & Tribunals Service) on 01-07-2017 and it was last updated on 01-07-2022