3.11.12 Consent to Adoption

Introduction
What can Parents Consent to?
Counselling of Parents
Practical Tasks to Prepare Consenting Parents for Adoption
Obtaining Formal Consent and Referral to CAFCASS
Where Consent is Withdrawn

1. Introduction

The Adoption and Children Act 2002 makes it illegal to place a child over 6 week old for adoption unless parental consent has been given or the local authority has obtained a Placement Order.

Section 19 of the Act enables parents to give their consent for their child to be placed for adoption through an adoption agency.

Where adoption is the permanence plan for a child, social workers should always ensure that parents have been given opportunity to consent to adoption.

2. What can Parents Consent to?

Parents may give consent to their child being placed with specific adopters or with adopters that will be chosen later by the agency.
They may combine their consent with consent to the making of a future adoption order.
They may also decide they do not want to be notified when the adoption hearing date has been set.
In relation to an unborn child or a child relinquished for adoption by the parents and not yet looked after, the initial agreement to an adoption plan must be given at a Planning Meeting. This will subsequently be confirmed in the child’s Care Plan, once the child becomes Looked After.

3. Counselling of Parents

1.	It is mandatory to offer counselling to birth parents and the local authority must evidence that it has done so.
2.	The purpose of the counselling is to ensure that the alternatives to adoption have been explored, the implications of adoption are fully discussed, the parents have independent support and the opportunity to express their views in relation to the plans for the child and be involved in planning for the child’s future wherever possible. The Adoption and Permanency Team is available for consultation and advice where a child’s social worker is working with birth parents who are considering giving consent for adoption.
3.	Whether or not they consent to an adoption placement or an adoption order, the child’s social worker must explain to both parents the reasons for the adoption plan, the key stages of the adoption process, including the likely time-scales, and provide them with the memorandum, ‘Information for Parents on Adoption’ (Form FPU 123). If either or both of the birth parents refuse to accept or do not receive the memorandum, this should be recorded, including the reasons, on the child’s case file and Adoption Case Record.
4.	The child’s social worker must offer to arrange independent counselling and support for both birth parents (including unmarried fathers) – currently the borough have an arrangement with ‘After Adoption’, a voluntary agency, to provide this. Leaflets and information about After Adoption are available in the locality teams or can be obtained form the business support officer in the Adoption and Permanency Team.
5.	The adoption duty officer can advise on how to make a referral to After Adoption.
6.	The counselling may need to be undertaken by a specialist worker for example where the parent has poor mental health or learning disabilities. If so, the social worker should ensure that an appropriate resource is identified.
7.	The specific needs of parents arising from their ethnic minority groups must also be taken into account. An interpreter must be arranged where English is not their preferred language.
8.	In all cases, the social worker undertaking the counselling or assisting with the process must be different from the child’s social worker.
9.	Both parents must be offered counselling and support irrespective of whether they have Parental Responsibility unless there are exceptional circumstances, in which case legal advice should be taken and the reasons for not arranging counselling recorded.
10.	It may also be appropriate for members of the extended family to receive counselling, where they have played a significant role in the child’s life.
11.	The counselling and support will cover the following areas: Explaining the key stages of the adoption process and likely time-scales Explaining, where appropriate the procedure for seeking a Placement Order Explaining the parents’ legal rights, including the right of the unmarried father to seek a Parental Responsibility Order or a Residence Order in relation to the child Explaining the role of the Adoption and Permanency Panel Explaining the role of the Reporting Officer or Children’s Guardian Explaining the way the Adoption Contact Register works and how an adopted adult may seek information about the birth family in the future Explaining how prospective adoptive parents are assessed Ascertaining the parents’ views on the adoption plan, including the selection of the adoptive family, any specific ethnic, cultural or religious needs of the child, and any plan to separate a sibling group. Their views on the adoptive family should be recorded. Dealing with grief and loss Where the parents consent to the adoptive placement, explaining that they have the right to withdraw their consent at any time up to the making of an adoption application. Ascertaining the parents’ views on post-adoption contact including whether they would wish to meet the adoptive family and if so, how they might prepare for this Providing information to the parents on national and local support groups, and other possible sources of help Explaining how the parents may be able to provide information to be passed to adopters, for example, on the child’s birth and early life, which may be of benefit to the child
12.	After the child’s birth, the counselling and support must continue. The social worker should then confirm with the parents that they still wish to pursue adoption for the child.
13.	Where the parents refuse or decline to accept counselling, the child’s social worker must record the attempts made to persuade the parents and the reasons for their refusal in the child’s file and adoption case record.
14.	The parents should be encouraged to seek legal advice particularly where they are opposed to the adoption plan.
15.	Where the parents are seeking to have an expected child adopted, the counselling must start before the baby’s birth.

4. Practical Tasks to Prepare Consenting Parents for Adoption

The parents and their solicitors, if appropriate, must be sent copies of any written consents and/or recording of their views.

The social worker should arrange for photographs to be taken of the child and, if they agree, the parents and other significant people and places, for inclusion in the child’s Life Story Book.

In addition, the child’s social worker must cover practical tasks such as:

checking whether appropriate arrangements for the birth have been made
the parents’ own contact with the child after the birth
the intended length of the mother’s hospital stay
parents’ wishes regarding the timing of the placement.

Where the parents’ address is known, the child’s social worker should personally deliver or arrange for delivery by hand of a copy of FPU 123 to the address and record this on the Adoption Case Record.

5. Obtaining Formal Consent and Referral to CAFCASS

Where the parents are prepared to give formal consent to the child’s placement for adoption or to the making of an adoption order, the Locality Social Worker must request CAFCASS to appoint an officer for the purpose of witnessing the signing on prescribed forms to confirm the parent’s consent to placement or to adoption. This request, however, cannot be made until after the Agency Decision Maker has decided that the child should be placed for adoption following consideration and a recommendation by the Adoption and Permanency Panel - see Placement for Adoption Procedure.

The child’s social worker must notify the CAFCASS office that is closest to the parent’s address.

The CAFCASS officer must be satisfied that consent is given unconditionally with the full understanding of the consequences. The consent must be given in accordance with the prescribed rules.

The child’s social worker must send to CAFCASS the following information specified in Schedule 2 of the Adoption Agencies Regulations 2005:

A certified copy of the child’s birth certificate
Name and address of the child’s parent or guardian
A chronology of the actions and decisions taken by the adoption agency with respect to the child
Confirmation by the adoption agency that it has counselled and explained to the parent or guardian the legal implications of both consent to placement under section 19 of the Act and, as the case may be, to the future making of an adoption order under section 20 of the Act. The parent or guardian would also be provided with written information about this plus a copy of the written information provided about him/her.
Such information about the parent or guardian or other information as the adoption agency considers the CAFCASS officer may need to know.

A child under six weeks may be placed with prospective adopters with the agreement of the child’s parents but this agreement must not be confused with formal consent which can only be given after the baby is six weeks old.

After the CAFCASS officer has witnessed the parents’ consent s/he will notify the adoption agency and send the signed consent form with the written notification.

The locality social worker must keep the signed consent and any notification that the parents do not wish to be informed of the adoption hearing on the child’s Adoption Case Record.

If the CAFCASS officer is not satisfied that the parents wish to give consent or has doubts whether they fully understand the implications of giving consent, s/he will not witness the consent and will notify the local authority.

Where consent is formally given and not withdrawn prior to the making of an adoption application, parents can only oppose an adoption with the leave of the Court. The Court will only give leave if there has been a change in circumstances.

6. Where Consent is Withdrawn

Parental consent may be withdrawn at any time up to the point where the prospective adopter applies to the Court for an Adoption Order.
If the parent or Guardian withdraws consent, the Local Authority is obliged to immediately review its decision to place the child for adoption.
If consent is withdrawn before an application for adoption has been made and the child is placed, the child should be returned to the parent within 14 days.
If the child has not been placed then he or she should be returned within 7 days.
If the Local Authority still thinks the child should be placed for adoption, the social worker should consult with the legal department immediately and instruct the legal department to make an application for a Placement Order within the 14 day or 7 day period. See Placement Order Procedure.
Where consent is withdrawn after an application has been made for an adoption, it will not be effective and the child’s parent or guardian must then oppose the Adoption Order. However the Court must be satisfied that the circumstances have changed since consent was given before it grants leave to oppose the adoption application.

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