Overview of adoption

Adoption is a legal device designed to provide permanent new homes and families to some of the thousands of children in the UK who are orphaned or who have birth parents either unwilling or unable to look after them. Some adoptions are of step-children or relatives but the most are of children in local authority care.

An Adoption Order cuts all ties with the birth family and transfers all legal parental rights and responsibilities on the new adoptive family. The birth parents have no legal rights over the child and they cannot claim them back. The child becomes a full member of your family, taking your surname and has the same rights and privileges as a birth child, including the right of inheritance. 

Who can adopt?

Provided you are over 21 (over 18 if one of a couple is the birth parent) you are eligible to adopt regardless of whether you are single, married or living together.

There is no upper age limit, although the placing authority will have to be satisfied that prospective adopters will have enough energy to cope with a child and be healthy enough to provide a long-term stable environment.

You can adopt whatever your race, religion or sexuality and disability is no bar to adoption either. You can’t adopt anyone who is or has been married though.

You don’t have to be rich to adopt – or even have a job – but you will have to give details of your income and satisfy the placing authority that you will be able to support the child and have enough space to cater for its needs.

If you are on low income, you might be eligible for a grant from the local authority, as well as being able to claim benefits and tax credits as you would for any child.

If you have a criminal record you must disclose this when applying. You may still may be able to adopt – although not if you or any one else in your home have been convicted or cautioned for offences against a child.

Smokers are not necessarily barred from adopting either but the placing authority will be cautious about placing a young child in a smoking household because of the dangers of passive smoking.

The adoption process

There is a rigorous vetting process which prospective adoptive parents need to go through and before an adoption agency can place a child for adoption, it must have either the consent of the child’s birth parent(s) or guardian(s), or a Placement Order from the court. The whole process from the making of a formal application to placement should take around eight months.  

Adoption agency

Your first stop on the road to adoption is finding the agencies which serve your area and making contact. They should provide written information within five working days and invite you to an information meeting within two months. You complete an application form and the checking process begins.

Checks and references

You will need to go through health and police checks and your medical records will be scrutinized. Local authorities will also be consulted to see if you have had any previous problems with children.

You can nominate three friends to be interviewed (one can be a relative) – the interviews will be face to face with the adoption agency and they referees need to submit a written reference.

A social worker will visit your home at least six times to allow them to complete a home study and you will be expected to attend parenting workshops to learn about the problems associated with bringing up an adopted child.

All the information gathered will be put together in a Prospective Adopters Assessment Report and you then have 10 working days to comment on it.

The decision-making and matching process

A recommendation on whether you should be allowed to adopt will be made by an Adoption Panel which you need to appear before. The adoption agency will then make a decision which you’ll be told orally within two days and in writing within five days.

If the agency rejects your application, you can seek a review with the Independent Review Mechanism (IRM). The IRM will review your application and make its own recommendation. This cannot overturn the adoption panel’s recommendation through – it is up to the agency to decide which way to go.

If you are approved as adopters, the agency will look for a good match and draw up an Adoption Placement Report which incorporates your comments and the needs of your family. This will be referred to the Adoption Panel and the agency will again take its recommendation into account in making its decision. This must be made within seven working days of the panel’s recommendation and communicated to you in writing within five working days.

Placement and Adoption Order

A placement planning meeting will be held and an Adoption Placement Plan drawn up which includes introductions, contact and adoption support. When a child is placed you have parental responsibility, shared with the birth parents and the agency. An application for an Adoption Order can be made after the child has been with you for 10 weeks.

Adoption Register

After you ave been approved, the agency must forward your details to the Adoption Register within three months, if you have not been matched with any children. The register seeks to link hard to place children with prospective adopters. Adopters may also self-refer to the register.