Adoption by step-parents and family members

Change in Legislation

• The implementation of the Adoption and Children Act 2002 on 30 December 2005 brought about changes in the legislation concerning adoption of step-children. An Information leaflet is available from the British Association for Adoption and Fostering (BAAF) at a cost of £1.00, which gives up to date information about the process and the issues to be considered. Step children and adoption - England and Wales gives information about alternatives to Adoption which you need to consider and which the court may decide are more appropriate in particular circumstances.

Letting Us Know

• You must inform your local authority in writing of your intention to apply for an Adoption Order at least 3 months before applying to the Court. You should address your letter to Team Manager, Vale of Glamorgan Adoption Agency, Placements and Permanency Team, Haydock House, 1 Holton Road, Barry, CF63 4HA. Please include your name and date of birth and the name and date of birth of the child.

Letting the Court know

• You will need to obtain application forms from Cardiff County Court and return them to the Court at 2 Park Street, Cardiff. You can download it from their website, or if you ring them on 02920 376400 they will send them out to you. There is a fee for this but not a fee for our services. A user guide to the legal process of adoption can also be downloaded from the same website.
• The court will also write to us and request that a report is compiled.

What happens next

• A Social Worker skilled in adoption work will be appointed to write the report and return it to the court.
• The report is very detailed and will contain information about all family members. This will include information about the child's natural father/mother, whether or not the couple were married at the time of the child's birth.

What checks need to be carried out?

• You will be asked to complete Criminal Record Bureau forms for anyone over 16 in your home. These confirm your identity and will be checked against all national police records and other official databases. Any convictions, cautions and warnings will be disclosed. Your social worker will ask to see documents that verify who you are and will sign the back of the form in your presence. An explanatory leaflet will be given to you regarding this part of the process.
• If you are a parent of the child you will not need to have medical checks undertaken but if you are a relative you will need to attend you GP and ensure a report is sent to the court verifying your health situation.
• If the child you wish to adopt is not a birth child they will also need to have a medical report sent to the Court. The cost for this varies from GP to GP.

The Legal Process

• The Court will send you an appointment quite soon after your application has been lodged there. This is called a Directions Hearing. The Court will ask you and your appointed Social Worker various questions and estimate how much time will be needed for the report to be submitted. You will not need a solicitor for an unopposed application, but if you wish to appoint one then they will attend the hearing on your behalf.
• You will need a solicitor if the child's natural parent is not willing to give their consent and you were once married to them.
• If you have given a natural parent what is called parental responsibility for the child you wish to adopt they have a legal right to oppose your application. Your Social Worker will be able to explain this in more detail when you meet.
• It is important that you are aware of the legal situation once you have lodged your application. This Local Authority will have a legal duty to become responsible for the child's welfare until an Order is made. This does not mean that your child is 'In Care', but it does mean that the Social Worker has a duty to visit and maintain contact with the child until the adoption hearing.
• The Social Worker has to form an opinion as to whether adoption is in your child's interests based on the information available to them. It is the Judge who makes the final decision.
• If a natural parent contests the matter or the Social Worker does not support it, the Court will appoint a Children's Guardian who will compile an additional report for the court. The Court has a range of other options open to it and your Social Worker will discuss these with you.
• If you decide not to proceed at any point you will need to notify the Court of that decision, and the Court will in turn notify us.

Contact

Email: adoption@valeofglamorgan.gov.uk

Tel: 01446 729600