Legal Update: In a Nutshell - Assessment of prospective adopters

What are the key features of the changes?

The new regulations create a two-stage process of assessment and approval for potential adopters. Stage one of the assessment (the “pre-assessment process”) focuses on initial training and preparation for the adopter. Stage two (the “assessment process”) is made up of more intensive training, preparation and assessment work culminating in an agency decision regarding suitability to adopt.

What should I do if I am interested in adopting?

Anyone interested in adopting should first approach an adoption agency or First4Adoption, the national adoption gateway for further information. If the agency are recruiting adopters, you will need to register your interest in becoming a prospective adopter. If that agency is not recruiting then they must either refer you to another or to First4Adoption.

What will happen once I register my interest?

Within five working days, the agency must decide whether to accept your registration of interest and proceed to the stage one process. If the agency declines your registration it must provide you with a written explanation and refer you to First4Adoption or another agency, where appropriate. If the agency decides to accept the registration of interest, it must draw up a written plan of work with you. This work will involve the agency undertaking police, health and background checks on you. The agency must also provide you with access to counselling, information and preparation for adoption services.

At the end of stage one, the agency will make a decision as to whether you might be suitable to adopt a child. The decision should be made within two months of the agency’s decision to accept your registration.

Within six months of this decision, you must confirm that you wish to proceed with stage two of the process to be formally approved. The agency will then draw up a further written plan of work to be undertaken with you.

The plan will include how the agency will assess your suitability to adopt and any arrangements for further training, preparation or counselling. The agency will then prepare a written report on you and submit this to the adoption panel for a recommendation on your suitability to adopt. The agency decision maker will then make the final decision about your approval. Stage two of the process should take no longer than four months, although the time can be extended if you ask for additional time or there are exceptional circumstances.

If I have previously adopted a child and been approved as a foster carer, do I still need to go through the same approval process?

The new regulations establish a new fast-track process for people who have previously adopted or have been approved as foster carers. They will be able to bypass stage one of the process and directly enter stage two.

The agency must consider what additional training the candidates might require, as well as any further checks that might be necessary. The fast process should be completed within four months.