How do I adopt a child?

Adopting a child can be one of the most rewarding and fulfilling things anyone can do. But what is involved in adopting a child in England and Wales and how do you adopt a child?

First, we must consider adoption types and eligibility requirements.

Two type of adoption

There are two types of adoption: adoption though an adoption agency and non-agency adoption.

Agency adoption is where the child is placed with the prospective adopter by an adoption agency. The child may be voluntarily placed for adoption or removed due to welfare concerns. The agency will need to approve the prospective adopter before the child is placed with them.

A non-agency adoption is essentially where the child is already known to the prospective adopter. Examples include step-parent adoption, adoption by close relatives, and adoption by local authority foster carers.

Who can adopt?

Anyone aged twenty-one or over may apply to adopt a child. The application may be made by one person or by a couple. One parent must be at least eighteen, while the other must be twenty-one or older.

In most cases, the child must have had their home with the prospective adopter for a minimum period before the application can be made (the ‘residence requirement’). The length of the period depends upon who is applying for the adoption order.

For example, if the child was placed with the applicant by an adoption agency then the child must have had their home with the applicant(s) at all times during the period of ten weeks preceding the application, and in the case of a step-parent adoption the child must have had their home with the applicant(s) at all times during the period of six months preceding the application.

The adoption process

The agency adoption process begins with the prospective adopter(s) contacting the adoption agency. Once they have been approved and matched with a child they may apply to the court for an adoption order.

In non-agency cases the prospective adopter must notify the local authority in writing of their intention to apply for an adoption order, at least three months before the application is made. The local authority will then investigate the matter and prepare a report for the court. After a three-month notice period, prospective adopters can apply to the court for an adoption order.

The court requires parental consent or may dispense with it for the adoption order to proceed. Consent can be dispensed if parents are unavailable, incapable, or if child welfare necessitates dispensation, per court discretion.

The court process is similar for all types of adoption. It begins with the completion of an application and usually involves at least two hearings: the final hearing and before that a preliminary directions hearing, when the court will consider what needs to be done before the final hearing, such as what steps should be taken to find a birth parent if their whereabouts are not known.

The court will make the adoption order if it is satisfied that that is the best thing to do for the welfare of the child. The adoption order will give parental responsibility for the child to the adopters or adopter, and takes it away from the child’s birth parent or parents.

How long does it take to adopt a child?

How long it will take to adopt a child can vary greatly, and will depend upon a number of factors. (The following time estimates do not include the residence requirement, referred to above).

If the adoption is through an agency the adoption approval process will normally take about six months. After that the prospective adopter(s) will be matched with a child for adoption, a process that usually take between six and twelve months, but can take longer. Finally, there is the court process of the adoption application, which will usually take about six to nine months.

In the case of a non-agency adoption there is the three month notice period before the application can be made, as mentioned above. Once the application is made the court process will again usually take about six to nine months.

How can we help?

For further information on how we can help, please see our adoption page.

Walker Family Law is an award-winning family law practice, recognised as one of the leading family law firms in the South West of England with services covering family law & mediation, divorce law, child-law and arbitration.

Please contact us if you require any further information.