Adoption

There are two types of adoption where Cafcass may be involved.

 

Non-agency adoption

The court may ask Cafcass to become involved in cases where adults are applying to adopt a child (‘non-agency adoption’).

Our role in these cases is to make sure the adults understand what the adoption means for them and the child, and that the birth parents really do agree to it.

 

Agency adoption

The court may ask Cafcass to become involved in cases where the local authority and an adoption agency wants to place a child for adoption (‘agency adoption’).

Our role in these cases is to make sure that the birth parents fully understand the process and agree to it, or, if they do not agree to it, to tell the court what we think is best for the child.

 

Adopting a child

 

In order to legally adopt a child, you must apply for an adoption order. This transfers parental responsibility from one person to another. You can only do this when the child has been living with you for a certain amount of time.

In most cases, an adoption order cuts all legal ties between an adopted child and their birth parents, and creates a new legal relationship between the child and the adoptive parents. The exception is cases involving adopting a stepchild, where birth parents and the step parent share parental responsibility.

If everyone agrees to the adoption the Cafcass worker is known as a reporting officer. They will speak to everybody involved to make sure that they:

• understand what the adoption means for them and the child; and
• really do agree to the adoption.

 

They will then witness the consent forms being signed and inform the court. If the birth parent lives out of the country, the Cafcass officer may be able to suggest someone else who can witness consent.

The forms will be sent to the court together with a short report.  This is evidence of the parent’s consent to the adoption.

If a parent does not agree to the adoption, or cannot be found, Cafcass’ role will be different. Find out what happens if a parent does not agree to adoption.

 

Adopting a stepchild

 

To adopt your partner’s child you need to apply for an adoption order. The court may then ask Cafcass to become involved. Cafcass’ role is to make sure the adults understand what the adoption means for them and the child, and that the birth parents really do agree to it.

 

Adoption orders

An adoption order transfers parental responsibility from one person to another.

If an adoption order is made, the applicant will become the legal parent of the child (along with their partner).  The legal relationship between the child and the other birth parent will be broken. This is a permanent decision and cannot be reversed at a later date.

 

How will Cafcass work with you

If everyone agrees to the adoption the Cafcass worker is known as a reporting officer. The reporting officer will speak to everybody involved, to make sure that they

• understand what the adoption means for them and the child
• really do agree to the adoption

 

They will then witness the consent forms being signed and inform the court.  If the birth parent does not have parental responsibility then their consent will not be obtained.

The Cafcass officer will not be able to witness consent if the birth parent lives out of the country but may be able to suggest who else can witness consent.

The forms will be sent to the court together with a short report.  This is evidence of the parent’s consent to the adoption.