Adoption Legal Framework: Guide for UK Social Workers

Understanding Adoption

Adoption is the legal process by which a child becomes a permanent, full member of a new family. It is the most significant order the family court can make—it completely and permanently transfers parental responsibility from the birth parents to the adoptive parents and severs the legal relationship with the birth family.

The primary legislation is the Adoption and Children Act 2002.

Key Principles

Child's Welfare

The child's welfare throughout their life is the paramount consideration. This includes considering the child's lifelong needs, not just their immediate situation.

The Welfare Checklist

Section 1(4) of the Adoption and Children Act 2002 sets out matters the court must consider:

• The child's wishes and feelings (considering age and understanding)
• The child's particular needs
• The likely effect of ceasing to be a member of the birth family
• The child's age, sex, background, and relevant characteristics
• Any harm the child has suffered or is at risk of
• The relationship with relatives and others
• The ability of adoptive parents to meet the child's needs

Consent to Adoption

Who Must Consent

Each parent with parental responsibility (and any guardian) must consent to the child being placed for adoption and adopted, unless their consent is dispensed with.

When Consent Can Be Dispensed With

The court can only dispense with consent if:

• The parent or guardian cannot be found or is incapable of giving consent, or
• The welfare of the child requires the consent to be dispensed with

The Adoption Process

Stage 1: Care Proceedings and Placement Order

In most cases, adoption follows care proceedings:

• Local authority issues care proceedings
• Court finds threshold met
• Local authority applies for a placement order alongside or after care order
• Court decides if adoption is in the child's best interests
• Court decides whether to dispense with parental consent
• Placement order made (if appropriate)

Stage 2: Matching and Placement

• Child matched with approved adopters
• Adoption panel considers and recommends match
• Agency decision maker approves match
• Child placed with adopters

Stage 3: Adoption Order

• Child lives with adopters for at least 10 weeks
• Adopters apply for adoption order
• Cafcass prepares annex A report
• Court makes adoption order
• Child becomes the legal child of the adopters

Placement Orders

What a Placement Order Does

• Authorises the local authority to place the child for adoption
• Gives the local authority parental responsibility
• Allows PR to be restricted against birth parents
• Suspends any contact orders under the Children Act

Requirements for a Placement Order

• The child must be subject to a care order, or threshold must be met, or consent given
• Each parent with PR must consent, or consent must be dispensed with
• The court must be satisfied adoption is in the child's best interests

Birth Parent's Rights

Leave to Oppose Adoption

Once a placement order is made, birth parents need leave (permission) from the court to oppose the making of an adoption order. Leave will only be granted if there has been a change of circumstances since the placement order was made.

Contact

Birth parents can apply for contact with a child placed for adoption, but the court will only grant this if it's in the child's best interests.

The Social Worker's Role

Children's Social Worker

• Assess whether adoption is the right plan
• Complete child permanence report (CPR)
• Present evidence to panel and court
• Prepare the child for adoption
• Support transition to adoptive placement

Adoption Social Worker

• Assess and approve prospective adopters
• Match children with adopters
• Support adopters during placement
• Provide post-adoption support

Life Story Work

Children who are adopted need to understand their history. Life story work should:

• Be age-appropriate and honest
• Help the child understand why they were adopted
• Preserve their identity and history
• Include photographs and memorabilia
• Be completed before the adoption order is made

Post-Adoption Contact

Letterbox Contact

Most common form of post-adoption contact—indirect contact through letters exchanged via an agency. Usually annual.

Direct Contact

Face-to-face contact with birth family is less common but may be appropriate in some cases, particularly with siblings.

Contact Agreements

Post-adoption contact arrangements are usually agreed rather than ordered. They should be realistic and in the child's interests.

Adoption Support

Local authorities must assess the need for adoption support services. These may include:

• Financial support
• Therapeutic support
• Advice and information
• Support groups
• Contact services

Conclusion

Adoption permanently changes a child's legal status and family. It's a last resort when nothing else will do to meet the child's lifelong needs. Understanding the legal framework helps social workers navigate the process while keeping the child's welfare at the centre of all decisions.