Adoption questions answered
If someone close to you is being adopted, you may be feeling all
sorts of things – sad, happy, angry, relieved or just confused. No
matter how you’re feeling, though, you probably have lots of
questions that need answers. Here are a few that people often ask
about adoption.
What is
adoption?
What is an Adoption
Order?
What is parental
responsibility?
What is the role
of the Cafcass officer in adoption?
What does the Reporting
Officer do?
What is the Adoption
Contact Register?
What if the other parent
does not agree to the adoption?
What is the role of
the Children’s Guardian in adoption proceedings?
What will be in the
Children’s Guardian’s report?
Do you need to be married
to adopt your partner’s child?
Do you have to get the
other parent’s agreement to the adoption if the other parent is the
mother of the child?
What if the other
parent is the father and he was previously married to the child’s
mother?
Will the other parent have
to be involved in any other stages of the adoption
process?
What if a parent cannot be
found?
What happens after the
Children’s Guardian has written the report?
What if I am not happy
with what the Children’s Guardian is doing or with what is in the
report?
How long will it take
before the adoption has been completed?
What is adoption?
Adoption is a legal act that permanently transfers parental
responsibility for a child from one family to another. This usually
happens when:
- it is no longer possible for a child to live with their own
family
- or when the family is extended to include a step-parent who has
married the mother or father of the child.
What is an Adoption Order?
An Adoption Order is made by the court and dissolves all legal
ties with the birth family. Parental responsibility is transferred
to the adoptive family.
What is parental
responsibility?
Parental responsibility was introduced by the Children Act 1989
and means all the rights, duties and responsibilities that a parent
has to a child. A person or people with parental responsibility can
make decisions about a child such as who they will live with and
what school they will attend. They can also consent to medical
treatment on the child’s behalf. A mother always has parental
responsibility for a child.
A father can have parental responsibility if he is:
- married to the child’s mother, or
- registered as the child's father on the Birth Register since 1
December 2003.
A father can obtain parental responsibility by:
- entering into an agreement with the mother (a parental
responsibility agreement), which is a specific form that has to be
signed by both parents and lodged with the court, or
- obtaining a parental responsibility order from a court, if the
parents cannot agree on the father having parental
responsibility.
If more than one person has parental responsibility then
decisions made about a child are shared, and those with parental
responsibility should consult with each other regarding big
decisions. But if there is a Special Guardian, the Special Guardian
can make most decisions without needing the consent of other people
with parental responsibility.
A local authority (social services) shares parental
responsibility for a child under a Care Order. Social services then
have the authority to limit how much other people make decisions
about a child. People who have a Residence Order also have parental
responsibility for a child. If a child is adopted then parental
responsibility for the child is transferred to the adoptive
parents.
What is the role of the Cafcass officer in
adoption?
The role of the Cafcass officer depends on whether or not the
birth parents agree to the adoption. If the court believes the
parents are in agreement, the Cafcass officer’s job is that of a
Reporting Officer. They will then make sure the parents understand
what adoption involves. The Reporting Officer will also make sure
the parents are willing to agree to their child’s adoption freely
and without any conditions. If the birth parents do not agree, the
Cafcass officer takes on the role of Children’s Guardian.
What
does the Reporting Officer do?
The Reporting Officer will make sure the parents have received
all the information and advice about the adoption that they need.
The Reporting Officer will also check whether the parents have had
an opportunity to talk about future contact with the child (whether
in person or, for example by letter). If the Reporting Officer is
satisfied that a parent with parental responsibility agrees to the
adoption then they will witness the parent signing a court form.
This form will be sent to the court with a short report as evidence
of the parent’s consent to the adoption. The parent and the
Reporting Officer are then not required to attend the adoption
hearing. A birth parent who is applying for adoption with a
step-parent, however, would need to attend the adoption
hearing.
What is the Adoption Contact
Register?
Since 1984, the Registrar General has been obliged to keep an
Adoption Contact Register containing names of adopted persons and
their relatives. Adopted people and their birth relatives can place
their name and a contact address on the register. If an adopted
person applies to the Registrar General, he or she must be given
the name of any registered relative. Only the adopted person will
receive details from the register. It is then up to the adopted
person to make contact with the relative, if they so choose.
What if the other parent does not agree to
the adoption?
If a parent with parental responsibility does not agree to the
adoption or if there are special circumstances then the Cafcass
officer’s role becomes that of a Children’s Guardian. If a parent
does not agree to the adoption of their child it is important that
they seek legal advice and ensure that the court, Cafcass officer
and social services know of their objection. A parent may be
entitled to free services from a solicitor in adoption
proceedings.
The court will make arrangements for a hearing to consider the
views of all the parties involved. If the court decides that
adoption is in the child’s interest then the court will consider if
a parent is withholding their consent unreasonably. If it is
decided that consent is being unreasonably withheld then the court
can dispense with the parent’s consent and proceed to make an
Adoption Order.
What is the role of the Children’s
Guardian in adoption proceedings?
The job of the Children’s Guardian is to look after the child’s
interests on behalf of the court. To do this, the Children’s
Guardian will see all the papers about the adoption. They will make
their own enquiries including visiting the child, the parents,
Local Authority and those who wish to adopt the child. The
Children’s Guardian will then write a report for the court.
What will be in the Children’s Guardian’s
report?
The report will tell the court what the child’s wishes and
feelings are and whether the Children’s Guardian thinks adoption is
in the interest of the child. They will obtain this information by
interviewing all the adults, professionals and children involved as
well as covering other matters that the court needs to know such as
future contact arrangements with birth parents or other people who
are important to the child.
Do you need to be married to adopt your
partner’s child?
No. You need to be married or in an enduring relationship
if you are in a heterosexual relationship, or be in a registered
civil partnership if you are in a same sex couple. If another
parent (who doesn't live with the child) already has parental
responsibility for the child, they must give consent to the
adoption. Please note that in some cases the court may be reluctant
to issue an Adoption Order for a child to a recently married
couple. If you’re not married, the birth parent’s partner can apply
to the court for a residence order.
Do you have to get the other parent’s
agreement to the adoption if the other parent is the mother of the
child?
The birth mother of the child always has parental responsibility
and her agreement should be obtained, but during the
application stage you can request the court to continue without her
consent. The court might agree to this but only if it is satisfied
that there is a good enough reason to do so.
What if the other parent is the father and
he was previously married to the child’s mother?
His agreement to the adoption should be obtained but
the court may agree to continue the proceedings without his consent
but only if they are satisfied that there is a good enough reason
to do so.
Will the other parent have to be involved in
any other stages of the adoption process?
If at all possible, yes. It is important to remember that the
court aims to rule in the interests of the child. So no matter what
the legal status of either parent, the court will still require a
report to be prepared by the Children’s Guardian. Wherever possible
the views of both birth parents will be established. The role they
each might want to play in the child’s future will also be
noted.
It doesn’t matter what the current relationship between the
parents is like, or how much contact the other parent has with the
child. The Children’s Guardian always has the responsibility to
find out the other parent’s views. The Children’s Guardian will
report these views back to the court.
What if the parent cannot be
found?
The Children’s Guardian will want to establish what steps have
been taken to find the parent and to inform them of the adoption
proceedings. In addition to the attempts already made by other
people, the Children’s Guardian may also make their own enquiries
to find a parent. If a parent cannot be located or does not make
themselves available to the Children’s Guardian then the matter may
be referred to the court for directions to establish what other
attempts the court would wish to be made.
What happens after the Children’s Guardian
has written the report?
The court will ask the Children’s Guardian to submit the report
and then a date will be set for the court to consider the
application. The court can then decide if an Adoption Order should
be made after fully considering the report.
What if I am not happy with what the
Children’s Guardian is doing or with what is in the
report?
While the report is being prepared you should let the Children’s
Guardian know if you are unhappy. If your concerns cannot be
resolved then talk to your solicitor or your local Cafcass manager.
If you disagree with the contents of the report then you or your
solicitor needs to tell the court what you think about the report
and the way it was prepared. The Children’s Guardian will attend
the final hearing at court and can be questioned about the
report.
How long will it take before the adoption
has been completed?
The entire process of adoption proceedings varies, but can take
between six and 12 months