Prospective Adopters and Birth Parents

Frequently Asked Questions About Adoption

Prospective Adopters

• Who can adopt?
• Am I too old to adopt?
• Can smokers adopt?

Information for Birth Parents

• Introduction
• What is adoption?
• Knowing about you is important
• Choosing a family for your child
• Adoption by Foster Carers
• Adoption of looked after children
• What is a Placement Order?
• A Placement Order is granted but my child is not yet placed for adoption
• A Placement Order is granted and my child is now placed for adoption
• When can the adopters make an application to adopt?
• What happens if my circumstances change, but a placement order has been granted to the Local Authority?
• Are you willing for your child to be adopted?
• Are you unhappy with the prospect of your child being adopted?
• What happens after adoption?
• Direct contact
• Indirect contact
• The Post Adoption Contact Scheme
• When your child becomes an adult
• Adoption Contact Register
• Further Information
• Complaints, Suggestions and Compliments

Introduction

Like many other Local Authorities, Tameside sometimes initiates Care Proceedings in respect of children it believes to have suffered or to be in danger of suffering significant harm at home. In cases where the court agrees with the Local Authority that this has been or may be the case, a Care Order may be granted to the Local Authority in respect of the child or children involved.

In some cases where the Local Authority has been granted a Care Order, it may decide that the child should not return home to its birth family and that an alternative family placement should be found. In many cases particularly with younger children it may decide to achieve this through adoption. We hope this information may prove helpful to you if Tameside Local Authority intend to place your child for adoption.

The Local Authority has an obligation to keep you informed of everything it is planning to do for your child. If you are unsure of what is being planned or what you have been told, ask your child's Social Worker to explain it to you or to write it down for you. With this information we attempt to make clear some of the processes involved in your child being placed for adoption. It also gives you the names and addresses of people who may be able to offer you advice and support if you feel you need it.

What is adoption?

Adoption is a way of providing a new permanent family for a child, not able to be brought up in the birth family. A Local Authority acts as an Adoption Agency and is legally allowed to arrange adoptions. This is done by the Social Worker gaining an understanding of the child's needs and seeking the adoptive family best able to meet them.

The Local Authority however cannot make such an arrangement legally binding. Only the court can do this, by the making of an Adoption Order. This ends the child's legal relationships with the birth family and gives the child new legal parents. The child becomes a full member of the adoptive family, the same as being born to the adopters.

Adoption means the permanent transfer of parental responsibility. This is such an important thing to happen in a child's life, that the law requires Adoption Agencies and courts to make sure that they put the child's long-term welfare first when they make decisions about adoption.

If your child is adopted, you will no longer have any legal rights and responsibilities. It may not be possible for you to see each other but there will be the opportunity for you to have "indirect contact" via the Local Authority in the form of news about your child from the adoptive family.

If you have any worries, doubts or questions your child's Social Worker will try to help you as much as possible with these. You should also talk to your solicitor if you have one. You may find it helpful to talk things over with your family and friends too. In the past few years several independent organisations have been formed to offer advice and support to people in your position.

Who Can Adopt?

• Couples – whether of the same or different genders and whether or not married, or civil registered, may adopt jointly.
• A Single Person may adopt, but a married or civil person cannot adopt without their married or civil partner unless there are special circumstances.
  

Am I too Old To Adopt?

Prospective adopters must be at least 21 years old to be granted an Adoption Order. There is no legal upper age limit.

Can Smokers Adopt?

Given the evidence about the effects of passive smoking on babies and young children, if you, or someone in your household smokes, we will need to know more about the extent of the smoking (both in and outside of your home).

Tameside will not place children under 5 years old or children with particular health needs such as asthma with non related adopters in smoking households.

Knowing about you is important

Before an adoption can be arranged, the agency is required by law to ask for a lot of information about you and your child. This information is personal and will be treated as confidential; however there are some circumstances where the agency might need to pass particular information on to other people. Wherever possible, such circumstances will be explained to you.

All this information is needed for us to have the fullest possible knowledge and understanding of your child and family of birth. This helps those making the decisions about the future. You can therefore help your child by agreeing to provide as much information as you can about yourself and your family and by understanding our need to ask your doctor about your family's health.

Tameside tries to arrange for all birth parents to meet the prospective adopters of their child if it is felt to be appropriate. This is to help both sets of parents to have an image of, and a little more knowledge about each other. It will also be helpful for your child's adoptive parents to know as much as possible about your family background. Origins and birth family will be important to your child growing up. The information about your family's health will be important. Brothers and sisters (including half-brothers and sisters) are also very important to adopted children. If brothers and sisters have to be placed separately in adoption, each adoptive family will usually be asked to keep in touch with each other. Usually through direct contact, or sometimes this is also done through this agency's "Post Adoption Contact". The "Post Adoption Contact" is explained under that heading. If you have any more children, or any other important changes occur in your life or your family, the Post Adoption Contact is a way of keeping your adopted child informed.

Choosing a family for your child

The law requires that Adoption Agencies make thorough enquiries about families wishing to adopt. All prospective adopters undergo lengthy training and assessment by an Adoption Agency and must be approved by an Adoption Panel before they can be considered for adoption.

They are asked all sorts of information about themselves and their family background.

From having knowledge of their own family experiences and their skills and interests, the agency gets a picture of their family life and gains an understanding of what kind of upbringing they would offer a child. When your child's social worker looks for a family, one will be chosen because it is thought they are able to meet your child's needs. Your child's long-term welfare is the first consideration. A placement will not be made until it is believed that the right family is available. When a suitable family is found the Adoption Panel considers the potential link and a recommendation is made to the Agency Decision Maker (Head of Children's Services) who considers the needs of your child and the family recommended and makes the final decision. It is hoped that parents are reassured to know that so much thought goes into choosing the right family.

There may be special considerations you would like to be included in choosing your child's family. You might, for example, want your child to have a particular religious or cultural upbringing or to have the opportunity to develop a special interest or skill. Tell your child's social worker if you would like to make a list of what you would like in a family for your child.

It is not possible to promise to do as you wish, because your child's overall welfare must always be considered in choosing the adoptive family. However, your wishes will be taken into account wherever possible.

Older children will be given help to understand how adoption affects them in relation to you and your family and will be asked their views about the type of adoptive family they wish to live with.

Adoption by foster carers

Perhaps your child has been looked after by foster carers for a long time and they would like to adopt. In this case, the same thorough enquiries have to be made as are made with any other adopters. It is still very important to be sure that it would be best for your child to be adopted by that family, before adoption can be recommended and an adoption application made to the court.

Adoption of looked after children

Freeing for adoption orders were abolished on the 30th December 2005, but Freeing Orders applied for before then will still be freeing orders if and when granted.

A child can only be placed for adoption by an adoption agency with either authorisation by Section 19 parental consent or with a Placement Order. A Care Order is not authorisation to place a child for adoption. Children can continue to be placed if a Freeing Order has been granted under previous legislation.

What is a Placement Order?

Once the Local Authority has made a definite adoption care plan during care proceedings. The Local Authority must apply for a Placement Order (unless Section 19 consent has been given by parents). If the Local Authority does not have a Placement Order, they cannot place your child for adoption unless they have your signed consent witnessed by a CAFCASS officer or your child is subject to a Freeing Order made under the previous legislation.

A Placement Order is granted but my child is not yet placed for Adoption

• The Local Authority can place with any approved adopters. You will be given non-identifying information about the adoptive family and in most cases a meeting will be arranged between yourself and the prospective adopter.
• The birth parent has and continues to share parental responsibility. The Local Authority determines the extent of your exercise of parental responsibility.
• Any previous orders including contact orders do not apply; there is not duty on the Local Authority to promote contact. Tameside Local Authority will continue to facilitate contact as outlined in the care plan as discussed and agreed at court.
• The Local Authority cannot agree to your child to be known by a new surname or removed from the UK for more than one month without the courts permission or written permission of each parent.
• Applications for orders under the 1989 Children's Act are not allowed except parental responsibility order by father.
• Parents and relations (significant to the child) can apply for section 26 contact orders under the Adoption and Children Act 2002.

A Placement Order is granted and my child is now placed for adoption

• Your child cannot be removed from adopters except by the Local Authority.
• Adopters share parental responsibility with the Local Authority and Birth Parents. The Local Authority determines the extent of their exercise of parental responsibility.
• Prospective adopters cannot cause your child to be known by a new surname or removed from the UK for more than one month without the permission of the court or written permission of each parent.

When can the adopters make an application to adopt?

• The prospective adopters cannot make an application to adopt until your child has lived with them for ten weeks.
• Birth parents need the permission of the court to oppose the making of an adoption order.

What happens if my circumstances change, but a placement order has been granted to the Local Authority?

A child or Local Authority is entitled as of right to apply to revoke a placement order. Birth parents and others can only apply if the court has given leave (permission) and the child has not been placed for adoption.

Are you willing for your child to be adopted?

It may be that you have asked the agency to arrange your child's adoption. Adoption agencies must provide a counselling service to parents or guardians, including explaining the procedure for placement and adoption and the legal implications of giving consent under Section 19 (and 20) including providing written information about legalities.

Your written consent (Section 19 Consent) cannot be given until your child is 6 weeks old, this consent must be given on the prescribed form and witnessed by a CARCASS officer; they must ensure consent is given unconditionally and with full understanding. The child's birth father that has acquired parental responsibility after the birth mother has consented and the child has been placed for adoption is deemed to have consented too.

The Local Authority will request for a CAFCASS officer to witness Section 19 and 20 consent.

The Local Authority has to send a copy of your child's birth certificate, the name and address of the child's parents and guardians who are willing to give consent, a list of actions and decisions taken by the Local Authority in respect of your child. The Local Authority will need to confirm that it has counselled and explained to you the legal implications. For detailed discussion with regard to the legal implications and further advice you can arrange an appointment to meet with a Duty Social Worker from the Adoption Team on 0161 342 4162.

 Are you unhappy with the prospect of your child being adopted?

If you are, it is important for you to have legal advice from a Solicitor experienced in childcare matters as soon as possible. We will be able to give you a list of the Solicitors in this area that specialise in childcare cases. You may be entitled to Legal Aid and your Solicitor will be able to advise you about this.

One of two things must happen before a court can take away your rights as a parent and make an adoption order: either you must agree to this or the court must decide to dispense with the need for you to agree. However it can only do so if one of the circumstances set out in the law applies in your case and the court will need to have satisfactory evidence of this. The court will send you a copy of the statement of evidence they are given, and you should discuss it with your Solicitor as soon as you can.

In order to safeguard your child's interests the court will also ask a Social Worker independent of this agency (known as a Children's Guardian) to visit you. The Children's Guardian will want to know why you do not think it is a good idea for your child to be adopted. Your views will be reported to the court, because it is very important for them to know how you feel about your child's future. You will also have an opportunity to go to the court yourself if you want to, to explain why you are not willing to agree to your child's adoption. An Adoption Order cannot be made unless the court is sure it would be in your child's best interests to be adopted, and they have to take account of your views in deciding this.

What happens after adoption?

When your child moves to live with the adoptive family, the adoptive parents will already have received much information that will be important to your child growing up. Your child will also understand as fully as possible what is happening and will have their very own "Life Story Book" explaining their life in words pictures and photos. Hopefully, this book will have been made with your help, knowing about you is important. As the years go by, your child will be given more information according to their level of understanding.

A decision will be made about the type of contact you are to have with your child once the placement for adoption has been made. This Department believes that in most cases some form of continued contact with the birth family and ongoing knowledge of them is important to a child growing up and developing in his adoptive family. There are two important factors in deciding what sort of contact is appropriate. Firstly any contact must be in the child's best interests and secondly any contact must not have a harmful effect on the adoptive placement.

There are two types of contact in adoption, direct and indirect:

Direct Contact

This is face-to-face contact between the birth family and the child. This does not happen very often in adoption and usually only when the child has a positive relationship with a member of the birth family. This person, either a parent or relative, must also be in agreement with the plan for adoption and be able to support the adoptive placement.

Indirect Contact

This is contact by letter and photographs or videos. The Local Authority through its Post Adoption Contact scheme usually arranges this. All adopters chosen by this Department are willing to have indirect contact if it is appropriate. This is usually in the form of a letter about your child and photographs sent once or twice per year. When an adoptive home has been found for your child an agreement will be drawn up outlining what information is to be passed on. Say what you would like to know about your child's progress e.g. school, interests, health and ask for this to be put in the agreement. The agreement will be drawn up specially to meet the needs of the people involved. We have published a leaflet explaining how the letterbox system works and you should be given a copy of this.

You may also like to write a letter and send photographs about yourself and your family. Ask if this is possible. If it is not then you can still send them and ask for them to be kept by this Department until your child is an adult. It is possible that your child may then contact us seeking more information about the past and they will be given these letters.

It is important that adopted children are able to have further significant information about their birth families over the years. It is also important and reassuring to families to have news of their child from time to time.

The Post Adoption Contact Scheme

This is the means by which information will be exchanged between yourself and your child's adoptive family. The scheme is run by the Post Adoption Contact Coordinator who will try to answer any queries you may have about the scheme or pass you onto a Social Worker who will try to help you. If you have not made an agreement to either give or receive information at the time of your child's placement it may be possible to arrange one sometime later. We would be prepared to look into this for you.

It should be pointed out that the agreements mentioned above are not legally binding and are not formally linked with any Court Order.

When your child becomes an adult

When your child is adopted, they get an adoption certificate from the Registrar General, which shows the child's new name only and shows the adopters as parents. This certificate takes the place of a birth certificate for all legal purposes. On reaching 18, your child will be legally entitled, to get a copy of the original birth certificate. However, your child is likely to still have a Life Story Book completed in earlier life. It is usual for a copy of the original birth certificate to be put in the Life Story Book.

The birth certificate will show your child's original name, your name and the address you were living at when the birth was registered.

For birth fathers, who were not married to the mother or present at the child's registration, you need to understand that your child may not be able to learn of your identity from the birth certificate.

Adoption Contact Register

The following leaflets are available from this Local Authority. Please ask if you would like a copy of any of them.

• Adoption - a guide for birth families published by the Family Rights Group.
• Parents without Children - an independent service about the care system, adoption and your rights.
• Indirect contact in Adoption - information about Tameside's Post Adoption Letterbox Scheme.
• The Adoption Contact Register - how to register your interest in resuming contact with your adopted child in adulthood.
• An independent service offered to anyone involved in adoption.

Further Information

These pages have been prepared by the Adoption Team, Children's Social Care. This team specialises in the placement of children for Adoption and in permanent homes outside the birth family. It also provides a post adoption service for adult adoptees, adopters and birth families.

Complaints, Suggestions and Compliments

Tameside Social Care and Health (formerly Social Services) is committed to providing quality services. We need to hear from you if you have any complaints, suggestions or compliments about the service you receive.

If you would like to discuss this information or anything about adoption please contact;

Contact Information
Send us a Message	Children's Social Care Adoption Team Union Street Hyde SK14 1ND View local map
0161 342 4162
0161 342 4123