Bringing a child to join your family can be incredibly rewarding. Understanding the adoption process can make it seem less daunting and help you take the right steps to become the legal parent of a child.
The adoption process has a number of stages to protect both the child involved and you. It is intended to ensure that you are properly prepared and that you are matched with the right child. Going through each step will help to make your adoption successful for everyone involved.
Exploring adoption
The first stage of the adoption process is one of exploration. It is recommended that you speak to parents who have adopted a child to hear about their experiences and ask any questions you may have. You should also read about adoption and try to gain a picture of the reality of taking on a child as well as the legal steps involved.
Once you are satisfied that you wish to proceed, you will either need to find a voluntary adoption agency to work with you or approach your local authority. The organisation you contact is likely to have information available for you and may have adoption Q&A sessions that you can attend.
Registration and checks
You can look at as many adoption agencies as you want, but you can only go through the adoption process with one of them at a time. When you have selected an agency or decided to work with your local authority, you will need to send in a Registration of Interest. This is your application to adopt. When making the application, you have the option of including information about what child or children you would like to adopt, for example, older children or siblings.
The adoption agency or local authority will conduct an evaluation of you and your circumstances, to include taking up references and looking at your background. You will need to provide information about who you live with, your partner if you have one, your occupation, your income and details of your health as well as similar information in respect of your partner.
As well as taking up references, the agency may ask you to undergo a medical examination to ensure you are physically well enough to take on the care of a child. It is also open to them to make enquiries about you with your local authority. A criminal records check will also be carried out. If you have some physical issues or you have a minor past criminal conviction, it does not necessarily mean you will not be able to adopt. It is recommended that you discuss matters openly with the agency so that they can work to create the best possible match for you and a potential adoptive child.
The agency will put together a plan so that you know what to expect and what points you will need to deal with. You are also likely to be able to attend group meetings with others who are looking to adopt at which you will be able to speak to parents who have already adopted. This will give you the opportunity to ask questions and to make connections with those who are in the same situation as you.
If both you and the agency are happy to proceed at this point, you will progress to the next step. If there are any matters that you need to deal with, you can take up to six months out of the process to resolve them. For example, you may wish to move house or find a different job.
Training and preparation for adoption and assessment by a social worker
This stage of the adoption process involves helping you prepare to become a parent to an adopted child as well as allowing the agency to assess your suitability and abilities. The agency will produce an assessment plan so that you will know the dates on which you will have meetings and training
You will continue to attend group meetings to prepare you. A social worker will be allocated to you and will come to your home to meet any family living there and to get to know you and your circumstances. They will have conversations with your family and your partner, if you have one, to try and establish whether you will be able to offer a suitable home to a child.
The social worker will then prepare a prospective adopter’s report to put before the agency’s adoption panel. This is the group of people who will consider all of the available information and decide whether to approve you for adoption.
You should ensure that you are familiar with the contents of the report and if you spot any inaccuracies, ask the social worker to amend them.
What to expect from an adoption panel
An adoption panel will generally be made up of a range of individuals including social workers, agency staff, medical experts and others with relevant experience in placing children for adoption.
Around four months after the assessment stage, you will be invited to a hearing in front of the panel. They will have considered the prospective adopter’s report and will ask you any questions they may have. They may want you to elaborate on certain issues, for example, if there are any difficulties you have faced in the past. This is so that they can establish how you have dealt with matters and will help them to see that you are able to offer a secure and stable home to a child.
After seeing you, they will confer while you wait in another room, then you will be advised of their decision. This will be put in writing for you, generally within a week.
If your application is rejected, it does not mean you cannot adopt, it may simply be that the agency you are with does not believe they can match you with a child. They will generally have an appeal process that you can follow if you would like them to reconsider some of the information you have provided.
Alternatively, it is open to you to apply to the government’s Independent Review Mechanism. While this will not overturn a decision, the review panel can make recommendations. You cannot appeal to both places, so you may wish to seek advice as to which option is best in your circumstances.
If you decide to approach the Independent Review Mechanism, you should do so within 40 days of the agency’s rejection. You should receive their recommendations within four months.
Matching you with the right child
Once you are approved for adoption, your social worker will start looking for the right child. This can often take around six months to a year. You will be able to consider children who may be right for you and look at information in respect of their background. You may be shown a video of potential children. Many families find this to be one of the most exciting parts of the adoption process.
A matching panel will decide whether a match is right and once it is approved, the adoption agency will draw up an adoption placement plan. This will include some initial meetings with the child so that you can get to know them.
Living together
The plan will progress to allow regular meetings and involve you in the child’s day to day life and care. It will be important for the child to be comfortable with you before the move to your home takes place. They will visit you first, in the company of their carer or the social worker.
Arrangements will then be made for the child to move in with you. If you are employed, you will be entitled to take statutory adoption leave from your job.
Finalising adoption and making it permanent
Once your child has lived with you for a minimum of ten weeks, you can apply to the court for an adoption order. This will generally be done by an experienced adoption solicitor who will be able to advise you throughout and ensure that your application is in order.
Once you are granted an adoption order, the child’s legal ties with the birth parents are severed and you become their legal parent and are granted parental responsibility. This means that you and your child will have the same rights as if the child was your birth child.
As the final step in the adoption process, you will be issued with an adoption certificate which will show the child’s new name.
Other ways to adopt a child
You may not need to go through an adoption agency to adopt a child in some circumstances, for example, if you wish to adopt your partner’s child or if you are fostering a child. You will still need to go through an assessment process however as the authorities need to be satisfied that adoption is right for the child.
Adoption legal advice and support
The adoption process is lengthy and complex and having an experienced adoption solicitor by your side can ensure that the legal process is dealt with as quickly and efficiently as possible. At Witan Solicitors, we understand how important adopting a child is and how crucial it is to have the right legal advice and guidance throughout.
We have extensive knowledge of the adoption process and can answer your questions and work to help you add to your family without unnecessary delays and difficulties.
We can also advise in respect of the complicated area of overseas adoption. This is a viable option for many prospective parents, but can add extra layers of bureaucracy. Our adoption solicitors can take you through the stages and ensure that you have the help and support that you need.
Contact our expert adoption solicitors
If you are considering adopting a child or you have already started the adoption process, our family law and adoption experts can help ensure the legal aspects go smoothly.
If you would like to discuss your options and how to proceed with an expert adoption lawyer, email us at info@witansolicitors.co.uk or fill in our contact form. We have offices in Birmingham, London and Northampton.
