To be adopted, a child must:

• be under the age of 18 when the adoption application is made
• not be (or have never been) married or in a civil partnership

The child’s birth parents

Both birth parents normally have to agree (consent) to the adoption, unless:

• they can’t be found
• they’re incapable of giving consent - eg due to a mental disability
• the child would be put at risk if they weren’t adopted

Who can adopt a child

You may be able to adopt a child if you’re aged 21 or over (there’s no upper age limit) and either:

• single
• married
• in a civil partnership
• an unmarried couple (same sex and opposite sex)
• the partner of the child’s parent

There are different rules for private adoptions and adoptions of looked-after children.

Living in the UK

You don’t have to be a British citizen to adopt a child, but:

• you (or your partner, if you’re a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man
• you (and your partner, if you’re a couple) must have lived in the UK for at least 1 year before you begin the application process

To adopt a child you can go through either:

• an adoption agency that’s part of your local council
• a voluntary adoption agency

The adoption process

1. Contact an adoption agency - they'll send you information about the adoption process.

2. The agency will arrange to meet you - you may also be invited to a meeting with other people wanting to adopt a child.

3. If you and the agency agree to carry on, the agency will give you an application form.

The adoption approval process normally takes around 6 months. You will then be matched with a child for adoption.

Once the agency gets your application it will do the following:

1. Invite you to a series of preparation classes - these are normally held locally and give advice on the effect adoption may have on you.

2. Arrange for a social worker to visit you on several occasions to carry out an assessment - this is to check you're suitable to become an adoptive parent.

3. Arrange a police check - you will not be allowed to adopt if you, or an ?adult member of your family, have been convicted of a serious offence, eg ?against a child.

4. Ask you to provide the names of 3 referees who will give you a personal reference. One of your referees can be a relative.

5. Arrange for you to have a full medical examination.

Your assessment

The social worker will send the assessment report to an independent adoption panel. This is a group of people who are experienced in adoption.

The panel will make a recommendation to the adoption agency based on your assessment.

You can go along to ask questions and answer any questions the panel has.

The adoption panel will send their recommendation to the agency, which will then decide whether you’re suitable to adopt a child.

If you can adopt a child

Once your agency decides you can adopt, they’ll begin the process of finding a child for you to adopt.

Your agency will either refer you to the Adoption Register for England and Wales immediately, or 3 months after approval to adopt if they’re not actively considering a local match with a child.

The register holds details of children across England and Wales who need adopting.

If an adoption agency says you can’t adopt

If you disagree with an adoption agency's decision, you can either:

• challenge their decision by writing to them
• apply to the Independent Review Mechanism, which will look into your case

You can also contact other adoption agencies - but you’ll have to start the process again.

To make an adoption legal, you need to apply for an adoption court order. This gives you parental rights and responsibilities for the child.

The child must have lived with you for at least 10 weeks before you apply.

Once the order’s been granted:

• the adoption becomes permanent
• you get an adoption certificate - this will show the child’s new name and replaces the original birth certificate
• the child has the same rights as if they were your own birth child - eg the right of inheritance

The order also takes away parental responsibility from:

• the child's birth parent(s)
• anyone else who has parental responsibility for the child

How to apply

Most applications for adoption orders are done at a Family Proceedings Court.

You need to send the court a completed application for an adoption order - Form A58.

Adopting a child you’ve been fostering

You need to be reassessed and approved as adoptive parents if you want to adopt the child you’ve been fostering.

You need to tell your local council if you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order.

The child must also have lived with both of you for at least 6 months.

The adoption assessment

The process to adopt is similar to an assessment through an adoption agency.

The assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel).

The court will ask your local council to provide a report on:

• your partner
• the child
• the other birth parent

The report will be prepared by a social worker and will be used to help the court make a decision.

If granted, the adoption court order gives you parental responsibility for the child - along with your spouse or partner.

The order also takes away parental responsibility from:

• the child’s other birth parent
• anyone else who has parental responsibility for the child

An adoption order cancels any other type of court order, eg how, and when, the child's birth parent can visit the child.

A child from overseas can be adopted if:

• they can’t be cared for in a safe environment in their own country
• the adoption would be in their best interests
• the adopter has been assessed as eligible and suitable to adopt from overseas by an adoption agency in the UK

If you want to adopt a child from overseas, you should contact either:

• your local council
• a voluntary adoption agency that deals with overseas adoption

The adoption process is similar to a UK adoption and will be done by a UK adoption agency.

There are several other steps, for example:

• the assessment will be sent to the overseas adoption authority
• you’ll need to visit the child in their own country

The UK adoption agency will let you know what you need to do.

Restrictions

The UK has restricted adoption from the following countries:

• Cambodia
• Guatemala
• Nepal
• Haiti

You must contact the Intercountry Adoption Team if you want to adopt a child from any of these countries. You’ll have to apply in writing, telling them the reasons why your case should be an exception.

Intercountry Adoption Team
Department for Education
Mowden Hall
Darlington
DL3 9BG

Scotland has a different system for dealing with restricted countries.

If you live abroad

You must follow the adoption laws of the country you’re in if you live abroad and want to adopt.

You may have to give a sworn statement in front of a solicitor that you’re no longer a UK resident if the country asks for a ‘no objection’ letter from the UK government. You must send this statement either to the Intercountry Adoption Team at the Department of Education or the nearest British embassy.

You must follow UK adoption law if you’re normally resident in the UK, the Isle of Man or the Channel Islands. This is sometimes called ‘habitual residence’ and can apply even if you’re living abroad at the time of the adoption.

Registering an adoption

You can register the adoption with the General Register Office (GRO) - fill out the relevant application form and send it to GRO.

There are some restrictions on how a child can be adopted to the UK.

You’ll need to provide supporting documents - read the guidance notes before you register.

Fees

Fees depend on your income. All fees are exempt from VAT.

The fee includes:

• case management – checking applications, correcting errors, sending to notaries, Foreign and Commonwealth Office (FCO), and embassy overseas
• postage and courier expenses
• forwarding matching information from overseas and providing advice to entry clearance officers to make sure you followed UK adoption law
• information about intercountry adoption processes
• communications between central authorities

The fee does not include legalisation costs.

For another couple (or person) to adopt your child, you normally have to agree to it.

Once your child’s adopted, you no longer have parental responsibility for them.

Depending on the child’s situation, you may be able to stay in contact with them. This is often done using letters and photographs (and sometimes meetings) through the agency responsible for arranging the adoption.

Fathers’ rights

As the child’s father you’ll be asked to agree to the adoption - but only if you have parental responsibility.

If you were never married to the child’s mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility.

Trying to stop the adoption process

If the adoption process has started, you should get legal advice from a solicitor or Citizens Advice.

To make an adoption legal, a court has to grant a court order.

The agency arranging the adoption must let you know what your rights are - and also at what point the adoption can’t be stopped.

If you don’t want your child to be adopted, a court will give you the chance to say why. A social worker, independent of the adoption agency, will visit you and:

• record the reasons you don’t want your child adopted
• let the court know these reasons - you can go to court to explain them

An adoption order can't be made unless the court thinks it's in your child's best interests.

Adoption without your consent

A court can decide the adoption can go ahead without your consent if:

• it thinks the child would be put at risk if they weren’t adopted - it will send you the evidence they have been given, eg from social services
• you’re incapable of giving consent - eg due to a mental disability